USE OF ABUSIVE, INSULTING AND FILTHY LANGUAGE THROUGH EMAIL BY A KNOWN PERSON DURING FORMAL COMMUNIC

C S PATANKAR (Querist) 05 December 2010 This query is : Resolved
This is with reference to my query raised previously and answers of Mr M V Gupta and Mr Arun Kumar Bhagat on whether use of defamatory language can be questioned?.

Agreed that the communication is entirely private, but then when it is shown to others on sufficient annoyance and therefore sharing it with your close group and therefore made public and also in a similar manner made public at the time of being taken to judicial forum for justice, will it not become Defamatory when the communication made public?

Please clarify.

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Kirti Kar Tripathi (Expert) 05 December 2010
yes, it will become defamatory and will give civil and criminal consequences.

Khaleel Ahmed (Expert) 05 December 2010
You can complaint to police .You can file criminal complaint before cour and you can file civil suit for damages.

Devajyoti Barman (Expert) 05 December 2010
If there is publication of the defamamatory statements then it is defamation. But publication to such persons for whom the statemnts were not meant may not be sufficient for defamamtion.

adv. rajeev ( rajoo ) (Expert) 05 December 2010
Even though it is private communication, if it is printed form or in writing it attracts civil and criminal liability.

SANJAY GUPTA (Expert) 05 December 2010
agreed

Sri Vijayan.A (Expert) 06 December 2010
It is not defamatory.
If the words/ letter addressed to 3rd person by the sender it shall be defame.

JT Rajasuriya, Chennai (Expert) 07 December 2010
Yes, defamation cannot be sought.
But you can file a criminal copmplaint. It may be dealt with under sec294(b)IPC or under the Information Technology Act, 2000.

Arun Kumar Bhagat (Expert) 12 December 2010
For use of abusive-insulting and filthy language sec 504 IPC is there. In a case of defamation you have to prove how your estimation in the eyes of other has erodedand how much you suffered.

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