Defamation
Rajesh Tandon
(Querist) 12 February 2013
This query is : Resolved
1. Though normally a defamation suit is filed but I read it somewhere that a police complaint also can be lodged in case of defamation . So kindly guide as to if a police complaint can also be lodged in case of defamation?
2. In a recent incident, a subordinate of one of my friends made a very insulting and derogatory remark to this friend of mine taking decency of my friend for a ride and saying that one can make out from the general conduct and that my friend has a loose discipline knowing very well that my friend is very decent sincere person. This remark was made in front of two of his colleagues.
3. However, when my friend contemplated of going to the court/lodging a police complaint, the two colleagues are on back foot knowing very well the fact of the case because nobody wants to get involve in police/court cases. The person who made this kind of imputation is its professional but cunning and smart person. When he was contacted by my friend, he said don't mix of the two things I'd never meant, whereas actually he has insulted him in front of his two colleagues.
4. Though we have heard that compensation in the defamation suit is as per the status of the party which has got injured because of the statement made by other party however,it is extremely difficult to prove defamation claims in the defamation suits.
5. But at least if there is a mechanism of lodging a police complaint at least that will shake up the subordinate and teach him a lesson.
6. Kindly guide appropriately.
Raj Kumar Makkad
(Expert) 12 February 2013
1. No I cannot be filed.
2. Defamation complaint is best option in the given facts.
3. There is no need to contact such persons.
4. it is upon the petitioner to provide his case.
5. You have already been replied above.
Rajesh Tandon
(Querist) 13 February 2013
Thx for guidance. However, I would request you to clarify certain aspects of your statement. Could you elaborate as to what do you mean by that there is no need to contact such persons. As I understand, from your reply is that police complaint cannot be filed. Actually I got confused because of what was written on the website of Bhatinda police, is that the offences like simple hurt, verbal abuse, intimidation, defamation, etc are non cognizable offence. In such cases where only non cognizable offence is made out, Police does not have the power to arrest or investigate without the orders of the court. Police officer will enter the substance of information in Roznamcha of the police station and give copy of same to the complainant. Another copy of complaint is sent to judicial magistrate for further action. So from your answers I presume it is only the suit which can be filed in the court.
