Defamation 500, 509
Rishi Awasthi
(Querist) 09 March 2012
This query is : Resolved
What is publication and published for the case for defamation?
Is filing a police complaint or a complaint to District Magistrate can be called as publishing the information or publishing means like publishing in the newspaper or magzine? Please clarify, any judgement for that?
Parveen Kr. Aggarwal
(Expert) 09 March 2012
No. Mere making of a complaint either to police or to a Magistrate cannot be termed as publication because such a complaint is meant only for the concerned authority to investigate/inquire and not to publicise it with a large number of people.
Arvind Singh Chauhan
(Expert) 09 March 2012
It depends on the facts. But it is not necessary to be published in news paper or other media.--
Defamation in judicial proceeding- Private complainant- Accused made imputation on application under Sec 436 Cr.P.C.- In view of allegation and sworn statement of complainant prima facie case made out- can not be quashed-SC-Cr.L.J.-2001-2571.
Defamation in judicial proceeding -Application was filed before S.D.M. U/S 107,116 Cr.P.C. by respondent alleging that he was a man of bad character , he belong the girl and sell them out- Appellant filed complaint for 500 I.P.C.- Witnesses produced by complainant deposed that he was holding good character and reputation in society, but did not state that reputation had been lowered down- magistrate held prosecution failed to special ingredient of 499 I.P.C.- Appeal accordingly dismissed- N.C.C.-2007-493-UTT.
Shonee Kapoor
(Expert) 09 March 2012
Thanks Arvind.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rishi Awasthi
(Querist) 12 March 2012
Arvind Sir,
Means one more case...I should now be ready.... but you also added "depends upon the facts". In a simple complaint to police and DM regarding investigation of cheating and lying because the wife omn one hand is earning rent from flat on the other hand saying no source of income then the police can only go and get the rent agreement and receipt. The police went, she gave money to the police, police is now quiest and now she is after me with a new case. In this fact of the case, what is the publication done?? The DM only forwarded a copy to the Police Station to get reply. No other publication or department is involved.
