Reputation tarnishing
Querist :
Anonymous
(Querist) 30 September 2011
This query is : Resolved
Hi All,
Say if some one has lodged a complaint on me and i was dragged to court for years and years .
Do I have the right to file a case against the party for tarnishing reputation in the society at the end of the case.
if so is there any limitations that it can be done only for few sections under IPC.
if at all i have the right how to do that. what is the way.
can i file the case for spoiling my name in society on the opposite party along with the witnesses who supported him all this days ?
Guest
(Expert) 30 September 2011
No limit. You can file any number of cases against any one on any ground, if you feel some wrong has been done to you by that person. However, winning or losing the cases depends upon the judgment of the court.
Sailesh Kumar Shah
(Expert) 30 September 2011
Defamation proceeding would be suitable under both civil and criminal law after completion of proceeding of false case.
Querist :
Anonymous
(Querist) 30 September 2011
sir,
my below questions are not answered yet.
if so is there any limitations that it can be done only for few sections under IPC.
if at all i have the right how to do that. what is the way.
can i file the case for spoiling my name in society on the opposite party along with the witnesses who supported him all this days ?
ajay sethi
(Expert) 30 September 2011
have you won the case/ is it proved that your reputaion was ruined and you were defamed in society .?
in cvil law you can file suit for damages . in criminal law under section 499 of IPC you can file .
justice dhingra has held as under
Whenever a person makes a complaint against someone to the lawful authorities and in that complaint he makes imputations against the person complained of, it cannot be considered that the person has publicized or publicly made defamatory averments against a person. If a prosecution is initiated against the person on the basis of such averments and the person is acquitted holding that the complaint was false, then only a cause of action arises against the complainant for launching a case for false prosecution or for damages on other grounds. Until and unless a competent court holds that complaint was false, no cause of action arises.
Shastri J.K.
(Expert) 30 September 2011
below questions has answered,by mr. Shailesh Kr. Shah.
1 year.
contact with your lawyer.
Yes,
Sailesh Kumar Shah
(Expert) 30 September 2011
Shri Ajay Sethi
Please provide citation of case.
Thanks
with Regards,
prabhakar singh
(Expert) 30 September 2011
i agree with Mr. Sethi that if any criminal trail results in acquittal of accused ,his remedy in civil law is to sue for Malicious Prosecution claiming damages and nothing else.
No suit for defamation etc. lies then.Even the suit for Malicious Prosecution would be able to see a decree practically only in those cases where only benefit of doubt was not the alone reason of acquittal.
i mean proving a case of damages for malicious prosecution is as tough as to prove guilty an accused.
Shonee Kapoor
(Expert) 30 September 2011
I disagree with Ld. Adv. Sethi, in the case judgement which he is referring to, the person were not acquitted, rather were fighting the cases.
However coming to the Original Query.
Upto One Year Civil and Criminal Defamation can be filed.
Also if the complaint is proved to be false, you can give an application to Police for initiation of action under IPC 182.
You can also give an application to the court for initiation of action under IPC 211.
Regards,
Shonee Kapoor
Biswanath Roy
(Expert) 01 November 2011
You did not mention whether a civil or criminal case has been filed against you that tarnished your image in the society. However. Against malicious prosecution you can go to civil court for damages and can file a case against the opposite party u/s.211 I.P.C. The ingredients of Sec.211 I.P.C. and malicious prosecution are parallel. There is no limitation.
