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DJPoint (student)     08 November 2013

Defamation under sec.499 and 500

A person "X" filed a criminal case under sec.420 against person "B". The case is under trial in a court currently. 

Then one day person "X" infront of 3 people used abusive language against "B" and called him an adulteror, and said to those 3 people that "B" used to indulge in s*xual acts with his female office workers.

Now everyone in the locality knows that this is not the case and that "B" is not that type of person. But "X" repeated these words at least two more times on two different occasions in front of different people.

Will this be defamation under sec.499 or not??

Can a criminal case under 499 and 500 along with civil case for damages be filed against "X"??


Kindly give your valuable advice in this case.

 

Thanks.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 November 2013

If B feels hurt and feels that his reputation and image has been spoiled by X due to his alleged behavior, he may file a libel case against X under the provisions of criminal law (499 & 500 IPC). 

Advocate Ravinder (Advocate/Attorney)     08 November 2013

Can B file Civil defamation for damages. If yes, how much amount can he claim. In what way it is calculated. This query is open to all experts.

DJPoint (student)     08 November 2013

yes, i would also like to know the amount in terms of damages in civil suit in this case.

 

Thanks.


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