Is prior notice mandatory before initiation of proceedings for defamation
Querist :
Anonymous
(Querist) 01 December 2011
This query is : Resolved
Respected sirs,
What is the efficacy of prior notice before initiation of proceedings for defamation either in civil or on criminal side?
Is prior notice is mandatory?
Is it possible to attribute and prove an act of defamation against a person who distributes unanimous pamphlets containing defamatory statements? if so, how?
Devajyoti Barman
(Expert) 01 December 2011
In criminal defamation there is absolutely no necessity for prior notice.
However in civil cases it is better to send such notice.
V R SHROFF
(Expert) 01 December 2011
Prior notice not mandatory.
But in your case u want to file case against a person distributing it, so may not have name of publisher printed on pamphlets, so it is necessary to notify him, and have sufficient proof, photo, video, witnesses, against him.
Ur notice & His reply will help your claim/ compliant.
prabhakar singh
(Expert) 01 December 2011
Notice in defamatory cases are not the requirement of law but in civil cases it is a
gentleman practice.
Raj Kumar Makkad
(Expert) 01 December 2011
Your second question is still unresolved so I put its reply.
Yes. Defamation proceedings can also be initiated against such person but heavy burden shall be on the complainant to establish that this the person behind this anonymous 'movement'.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 December 2011
When you want to initiate criminal proceeding for defamation some material has to be before court to act and so even not specifically mentioned in law the sending of notice and reply if any will be base for your action.
Pl follow the recent Justice Sawant case against TIMES OF INDIA where HUNDRED CRORES have been awarded for defamation and no appeal against it is admitted till twenty crores cash and eighty crores bank guarntee is not furnished.
ajay sethi
(Expert) 01 December 2011
advisable to send notice for defamation .
Shailesh Kr. Shah
(Expert) 01 December 2011
Particularly in civil case, it is advisable to send notice. In criminal case, there is no need.
Shonee Kapoor
(Expert) 02 December 2011
For Civil Defamation: YES
For Criminal Defamation: NO
But better send notice.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
