Witness doesn't come under the CC .

Querist : Anonymous (Querist) 15 June 2011 This query is : Resolved
If the matter was withdrawn by way of compromise then there is no chance of filing defamation suit? Why so because section 499 of the IPC doesn’t say that when the matter is withdrawn by way of compromise then there is no chance of filing the defamation suit?

Also if it has been said that defamation suit is not maintain against any witness whether the matter is criminal or civil in nature? Why so because section 499 of the IPC doesn’t say that when the matter is related with the witness & evidence given by him in the witness box may be true or may be false then also we can’t go for filing the defamation suit? If the witness use the abuse words during the judicial proceedings then it is a misbehave during the proceedings can we go for CC (contempt of court) or for spoiling the name of the accused in front of every one as it is a open court or during the judicial proceedings can we file a defamation case during the proceedings or after the judgment has been pronounced?

In short Witness doesn't come under the CC (contempt of court) & never ever under section 499 of the IPC.

Thanks

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PALNITKAR V.V. (Expert) 15 June 2011
When you enter into a compromise, it is presumed that a settlement is arrived at and the matter is given a quietus. Otherwise, if a fresh round of litigation is to start, why the matter should be compounded at all? It is not that a witness does not come under 499. It is the compromise that comes in between. if you were sure that the allegations are false and defamatory too, why should you be a party to the compromise? you should have got decision on merits and then gone for defamation proceeding?

Devajyoti Barman (Expert) 15 June 2011
The very basis of compounding of offence on the ground of compromise is withdrawal or retraction from the allegations.
Now when someone on his own will withdraws the allegations, he again can not bank on it on his sweet will unless he can establish that he withdrew the allegations under force or coercion.

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