bharat garg (none) 20 December 2017

Query on Defamation & FIR

I am Bharat Garg From Ujjain. M.P . Business - RO water supplier. One customer who is an SBI official and my customer of RO water asked me to stop the water services and demanded for the bill from his official mobile number. Since he is an acquaintance, I just in respect said , sir, don't worry about the bill, it is ok, if I do not send, you are like a family only ( ghar ki he baat hey) to which he said, that agar ghar ki he baat hey tou, tere ghar aa kar teri biwi k saath so jaaye. ( He actually used the F word) which I am even ashamed to mention here. I have the recording of that conversation. I went to police, they took my statement, called that person, pressurised me to settle the case as he was feeling guilty and was apologising. He gave a written apology in the police station even, but I was in no mood to let him go so easily. I did not accept the apology and not given anything in written so far. The said incidence is of 5th dec. I am now planning to lodge an FIR against him and also a defamation suit. My query is- is it a civil or criminal case? What action can the bank in which he works can take on him? Can he be punished for his crime by the court, seeing the recorded evidence I have against him? Can I win a defamation suit against him? How will be the defamation money calculated? Looking for your expert opinion in this regard Bhart garg

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20 Replies

KISHAN DUTT KALASKAR (Advocate) 20 December 2017

1. You may directly approach the court of Magistrate by filing private complaint under following sections for the offence of defamation.

499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Illustrations

(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it fall within one of the exceptions. etc.,

500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

You can even file a Civil Suit and you can claim damages/compensation as he lessened your reputation in the society. There is no limit to claim compensation, the only condition is that he have to pay about 7.5 % court fee on the amount claimed by you.

bharat garg (none) 20 December 2017

Thank you sir for sparing time to reply. But how will I judge the amount of defamation in case of Slander remarks? Secondly, Shall I lodge an FIR against him in this case?

Kumar Doab (FIN) 20 December 2017

Do you have copy of the written apology, also?

Your lawyer can appraise you on damages and your expectations from the case.

bharat garg (none) 21 December 2017

Dear Kumar Sir, The written apology is in the police station, but I do have access to it. I even want to know, that is lodging a FIR helpful?

bharat garg (none) 21 December 2017

Sir as per my lawyer advise , no defamation case can be filed in this case as it happened between 2 person over phone and not publically. Case under section 508, can be filed in which he can get an imprisonment of 1 or 2 years. Depending on the audio proof and his written apology makes the case even more stronger and he is most likely to get sentenced for the same.

bharat garg (none) 27 December 2017

दत्त सर, इसमें मानहानि का तो मुकदमा ही नही बनता है।

bharat garg (none) 27 December 2017

दत्त सर, इसमें मानहानि का तो मुकदमा ही नही बनता है।क्योंकि ये वार्तालाप फ़ोन पर हुई थी। पर जैसा कि आप लिखते है कि Explanation 4.�No imputation is said to harm a person�s reputa�tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgrace�ful. Illustrations। इस हिसाब से तय मानहानि बनती हे। कृपया रोशनी डाली, क्योंकि मेरे वकील साब ने बताया कि 2 लोगो के बीच हुई फ़ोन पर वार्तालाप मानहानि की श्रेणी में नही आता। क्योंकि उसने कहा, आपने सुना, इसमे मानहानि कहा हुई। publically कही बात होती, तब मानहानि बनती।

Sudhir Kumar, Advocate (Advocate) 29 December 2017

It is not defamation

Kumar Doab (FIN) 30 December 2017

Get a copy of written apology and then thu RTI.

Your own lawyer has already advised you on audio/apology.

If you want to perturb the perpetor, go ahead with whatever you have and your lawyer has advised.

The perpetor may fall on your feet and beg for MERCY outside Police Station also.

Sudhir Kumar, Advocate (Advocate) 31 December 2017

Originally posted by : bharat garg
	Dear Kumar Sir, The written apology is in the police station, but I do have access to it. I even want to know, that is lodging a FIR helpful?

USE RTI

bharat garg (none) 31 December 2017

I've already used RTI. But police is not providing me with the papers asked unless an FIR against him is not lodged. There probe in this matter is incomplete and they won't be able to lodge n FIR this year as there is a lot of pendancy in their department which must be cleared first. So, they told me, that FIR will be lodged against him on 1ST OF JAN 18 under section 294 and 507.

Sudhir Kumar, Advocate (Advocate) 31 December 2017

meet them tommorrow.

Kumar Doab (FIN) 03 January 2018

The reply in response to RTI is verbal or in writing?

Your post gives impression that it is verbal.

Whatever IT is, the 1st Jan, 2018 was not away.

Wish you a happy new year!

bharat garg (none) 05 January 2018

Kumar Sir, A very happy new year to you as well. FIR has been registered against him but he is absconding and police is making no effort to arrest him, thus providing him ample of time to do whatever he can in his favour. Response to RTI is verbal telling me that since FIR has been register there is no importance left of the papers asked. I needed his written apology submitted in the police station at the time of application filed by me against him. Though unofficially they gave me his apology letter but not in RTI. Now police is asking me not to use that apology in my favour in court as they've given it to me unofficially. The culprit is still at large. Sir, I want to know that is a sentence possible in this case to him by the court keeping in view the audio recording and his written apology (accepting that he comitted the crime) as proof. Regards Bharat Garg