cpc

Defamation suit against media

This query is : Resolved 
 

(Querist)
30 May 2018

I have to file defamation suit against media for printing phootgraph of victim of sexual crime . how much i have to deposit in the court and what is the court fee or any amount i need to submit in court before filing


Sudhir Kumar (Expert)
31 May 2018

You may also consider if the action of medial amounts to violation of S/228A of the IPC as under

1[228A. Disclosure of identity of the victim of certain offences etc.— (1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an 2[“offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E”] is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

(2) Nothing in sub-section (1) extends to any printing or publi­cation of the name or any matter which may make known the identi­ty of the victim if such printing or publication is—

(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or

(b) by, or with the authorisation in writing of, the victim; or

(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim:

Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Explanation

For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government.

(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Explanation

The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.]

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for two years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Para II

Punishment—Imprisonment for two years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Comments

Name of victim to be suppressed

Section 228A of I.P.C. makes disclosure of identity of victim of certain offences punishable. Printing or publishing of any matter which may make known the identity of any person against whom an offence under section 376, 376A, 376B, 376C or 376D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by High Court or Supreme Court. But in view of the social object of preventing social victimization or ostracism of the victim of a sexual offence for which section 228A has been enacted, it would be appropriate that in the judgements, be it of Supreme Court, High Court or lower court, the name of the victim should not be indicated; State of Punjab v. Ramdev Singh, AIR 2004 SC 1290.


Ms.Usha Kapoor (Expert)
31 May 2018

Both civil a nd criminal defamation are almost the same.

1. You file a petition before judicial magistrate court under section 156(3) cr.p.c. seeking direction to police to initiate proper legal action on your complaint.

2. You can file a private complaint under section 500 IPC before the concernd judicial magistrate court. Time limit is two years.

3. Claiming compensation for the damages shall be under civil defamation suit. The court fee differs from one state to aother, you may enquire about it locally.


4. Court is not a play field that you can play with it. There shall be no refund of court fee just because you lost the case.. You have to forego it.

Check with your reputed and trustworthy lawyer how much you need to deposit initially?

Sonam Kaur (Querist)
31 May 2018

HI Sudhir sir and Usha madam Thanks for your valuable advise But I am still looking any lawyer response what he has to say.

Asgher Mahdi (Expert)
31 May 2018

At first you need to file a criminal case before the Magistrate if you have valid ingredients to prove your sufficient cause, which may not cost more but nominal whereas, when you claim for compensation thereafter the criminal court proved verdict of defamation that cost may be expensive and on CF.

N.J.S.Rajkumar alias narasimha (Expert)
31 May 2018

Well Explained by Mr.Sudhir Kumar. and nothing to add more.. The Cost of Suit varies from State to State and the Concerned Court Registrar Or Concerned Section Officer could give you the precise answer.

Dr J C Vashista (Expert)
01 June 2018

Initially you are required to decide whether you want compensation for damages to your reputation, it would be a civil suit, where ad-velorum court fees shall have to be deposited along with the suit at the initial stage for the amount you want to be recovered from defendant. Court fees differ from state to state which your lawyer shall inform/guide.
If you intend to prosecute the accused u/s 499 and 500 IPC it do not require any court fees as that of civil suit.
Consult and engage a local prudent lawyer, if there is some iota of truth in the query.



Guest (Expert)
01 June 2018

Apparently, yours seems to be merely an academic query.

However, if areal issue, not a good proposal, if you don't take help of some well experience lawyer.

Ms.Usha Kapoor (Expert)
04 July 2018

I agree with My view and Sudhir Kumar's view.

Ms.Usha Kapoor (Expert)
04 July 2018

I agree with Sudhir Kumar's View and my view.

Ms.Usha Kapoor (Expert)
05 July 2018

I agree with Myview and Sudhir Kumar's view.



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