Do defamation suits work in india?

This query is : Resolved 
 

(Querist)
14 May 2021

Hello Sir,

CAN WE FILE A DEFAMATION SUIT/ DAMAGES SUIT AGAINST PLAINTIFF, IF SOMEONE IS HARASSING US BY PLANTING FALSE STORIES, EVIDENCE IN THE COURT JUST TO BLACKMAIL US AND GET SOME MONEY FROM US.

THE CASE IS CLEARCUT AND IT IS DISMISSED BY THE COURT, BUT THE PLAINTIFF IS APPEALING AND IN THESE COURT CASES I HAVE WASTED MORE THAN 7 YEARS AND I AM NOT ABLE TO SELL IT OR MORTGAGE IT.

I AM VERY FRUSTRATED WITH THE CASE

MY QUESTION IS-

1. IS IT POSSIBLE TO GET MENTAL HARASSMENT MONETARY COMPENSATION BY FILING DEFAMATION SUITS AGAINST PLAINTIFF.

2. USUALLY AS PER YOUR EXPERIENCE SIR, HOW MUCH MONEY CAN THE COURT MAKE THE PLAINTIFF PAY IF I PROOVE THAT THE CASE FILED BY PLAINTIFF IS FOR MENTAL HARRASMENT.

3. CAN I FILE THE DEFAMATION CASE ANYTIME OR I SHOULD WAIT TILL THE CASE GET DISMISS IN HIGHER COURTS.

Please guide me sir..


Dr J C VashistaOnline (Expert)
15 May 2021

Yes, you can file a civil suit for compensation of damages quantifying / justifying the damage.
You can also file a criminal complaint under section 200 Cr PC for taking cognizance and prosecution / punish under section 499 / 500 IPC.
You have already engaged an able, competent and intelligent lawyer, who is well aware about the facts and circumstances of the case, what is his/ her advise ? Proceed accordingly if you have not lost faith in him /her, otherwise change him / her immediately.

Pradipta Nath (Expert)
15 May 2021

Defamation is case is not applicable as the prosecution just failed to prove their facts and not defamed you either by slander or libel! Anyhow if the matter has been preferred appeal, you are to get a final dismissal.
Further need to go in details to see whether you can initiate compensation suit for malicious prosecution or not!

Advocate Bhartesh goyalOnline (Expert)
15 May 2021

Dismissal of plaintiff's suit does not mean that he had filed suit against you for harassment.To prove defamation you need to prove by cogent evidence that plaintiffs statement caused to you harm/ reputation.In given facts no case of defamation made out

J K AgrawalOnline (Expert)
15 May 2021

Well advised by Mr Nath and Goyal sahib. Instead of defamation suit it is proper to file suit for damages for malicious prosecution. To get compensation amount in such a case is not easy task unless you have extra sound evidence with you that you sustained actual loss due to false prosecution. The compensation of mental agony is almost nothing worth.

P. Venu Online (Expert)
15 May 2021

Yes, no action for defamation lies in the instant case. Even an action for seeking damages and compensation is not permissible. Such an action should have been pursued through a counterclaim in the same suit.

T. Kalaiselvan, Advocate Online (Expert)
16 May 2021

Civil Defamation: The statements made need to be false and it must be made without the consent of the alleged defamed person. Monetary compensation can be claimed from the defendant for defamation. There are certain requirements for successful defamation suit.
They are:
The presence of a defamatory statement is required. Defamatory content is one calculated to injure the reputation of a person or a class of persons by exposing them to hatred, contempt or ridicule. The test whether it damages reputation has to be calculated from the eyes of a common man and his comprehension of the matter.
Secondly, the statements must purport to a person or a class of persons. General statements like all politicians are corrupt is too broad and no specific politician can gain compensation for the same.
It must be published either in oral or written form. Unless the content is made available to a third person, there can be no defamation. Where a letter is sent in a language unknown to the recipient, he needs a third person to read to it him. If any defaming statement is made in it, it will constitute defamation even if it was sent as a private letter, since the aid of a third person was needed to read it.


In your situation, I don't think that you satisfy any of the above conditions, hence a defamation case may not lie.
As suggested by experts you may file a suit for damages for malicious prosecution after the appeal is also decided in your favor.

Sudhir KumarOnline (Expert)
16 May 2021

For proving defamation you need to prove five points :-

1. accused made a statement
2, statement was regarding complainant.
3. statement was transmitted to someone other than complainant and accused.
4. the complainant suffered loss of reputation.
5. statement was false.

if any of these points fail then there is no defamation case.



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