puneet jainnn 09 December 2018

Retraction and apology in email defamation case

In India plaintiff should have to ask retraction and apology to the publisher before filing the defamation case in court? what If the publisher retracts his statements and apologizes, still the plaintiff can proceed with the case? If still proceeds and wins the case the defender has to go to jail?

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4 Replies

Suri.Sravan Kumar (senior) 09 December 2018

According to my opinion If the publisher apologizes and you accepts it the qstn of sending him to jail does not arise.

Siddharth Srivastava (Advocate) 09 December 2018

it depends on matter of defamation. if you had not accepted apology and has not pardoned him then you can sue him for defamation and can also claim damages.

N.K.Assumi (Advocate) 11 December 2018

Apology or Sorry in civil case by itself does not amounts to admission by the plaintiff. There is a difference between " I am Sorry/Apology etc," and admission.