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defamation

(Querist) 21 September 2008 This query is : Resolved 
in notice the learned advocate says about other learned advocate activities like terririsom?this is in written form r the advocate liable u/ indian penal code for defamation?
SANJAY DIXIT (Expert) 21 September 2008
Of-course.
Adv.Rajendra Kothari (Expert) 21 September 2008
definately
Tribhuwan Pandey (Expert) 21 September 2008
if there is no proof of terrorist activity. Of-course punishable under IPC for defamation.
Adv.Shine Thomas (Expert) 22 September 2008
Yes.
Srinivas.B.S.S.T (Expert) 22 September 2008
As the preamble of the notice connotes that the same is issued under the instruction of client. I think the defamation proceeding should be initiated against the client also.
Srinivas.B.S.S.T (Expert) 22 September 2008
As the preamble of the notice connotes that the same is issued under the instruction of client. I think the defamation proceeding should be initiated against the client also.
K.C.Suresh (Expert) 22 September 2008
Dear Shivraj, Can you reproduce the relevent part in the notice. If so it will be easy for LCI fraternity to give a specific reply. Yes is the answer so far from the genral statements . But I think more specific is required as it is against an Advocate by an Advocate.
G. ARAVINTHAN (Expert) 22 September 2008
Yes.

Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
J K Agrawal (Expert) 22 September 2008
Not if the notice is given to you only and he did not send copy to your clients as publication is required for defamation.
ARVIND JAIN (Expert) 22 September 2008
It is publaction Mr. agarwal.But Im of the view that only client can be procecuted not the lawyer.
sanjay kumar patibandla (Expert) 23 September 2008
Yes he is not liable to be prosecuted for defamation.

the first para itself says that advocate gave notice under the instructions of his client. Than Advocate is not liable .

But if the client denied the contents and proved that the words are not mentioned according to his instructions, than Advocate is liable to be prosecuted.


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