witness aren't booked under U/s 499 Why ?
Querist :
Anonymous
(Querist) 26 April 2011
This query is : Resolved
In this forum Family a question has arised & the answer's brought some dought to me so pls clarify it. With Respect.
Question :Kindly guide me : Some persons of society like Section officer of govt Department, President of Church Committee, Partor (Priest)of Church, Local Union Presidents, Local Political Party President of area verify on a plain paper that a Husband beating his ABC(wife)and lodge FIR against Husband under 498a. Please let me know that Can a husband file Defamation case againt all persons because the huband did not know and they also did not know husband. Husband is residing in some other city
Answer was given by the LD members was below mentioned.
Answer : Yes, he can. But before taking any action, Husband has to issue notice to the concerned person either to apologize or to prove the truth of the contents.
If those persons are shown as witnesses of that case then the statement u/s 161 crpc does not attract defamation.
So my query is this
1) But my question here is why the husband has to give a apologize letter to the concerned person’s who has filed a FIR on him why? Because as section 499 of the IPC, 1860 does not say that the person against whom a FIR is lodged & that person if he has to file a case u/s 499 against a person who has file a FIR then he/she has to file a apologize letter first to that person who has filed a FIR & then only he can file a case against them U/s 499 of the IPC, 1860 ?
2) It has also been said that the Person’s who has filed a FIR & if he/she has shown as a witness under the FIR column than no case u/s 499 is possible why ? Because section 161 of the crpc & section 499 of the IPC doesn’t mentioned that the person who logged a FIR & if he becomes the witness than we can’t file a case of defamation u/s. 499 of the IPC.
3) So can we say that the witness are safe form u/s. 499 of the IPC. Also we can come to a conclusion that in any cases where it amay be a criminal, civil or matrimonial cases any witness can’t be booked u/s 499 of the IPC. When they are named as a witness under FIR column & even if they insult the person standing front on him under the court during the court proceedings giving the statement whether (chief examination or cross) he/she cant booked u/s 499 of the IPC, 1860. If so than section needs a amend by removing the whoever & restricting to any one but not the witness of the case RIGHT OR WRONG?
4) If the answer is right that on witness we cant file a defamation case than pls provide me the case law of SC.
which say that u/s 499 witness can't be booked.
Pls clarify the issue.
Thanks.
