Civil Procedure Code (CPC)

Defamation

a

if all 498a witnesses who gave  police statements under 156(3) crpc and dont appear in their evidence in front of magistrate during trial, can we prosecute them later on under defamation case?

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

If their signature is present on statements then yes you can.

 

Please check my profile links for more details.

 
Reply   
 


Dy Director

just understand

 

as long as you are not acquitted just forget if the word 'defamation" exists in dictionary.

 
Reply   
 

A lawsuit is decided on merits, one cannot say whether, the complaint is false and vexatious or not. After the acquittal from the 498-A case, one can definitely lodge a lawsuit claiming damages for malicious prosecution and defamation.

Defamation case are two types (1) civil (2) criminal - Sec 499 & 500.

If they presented false information to the court  then you may highlight it with the petition contempt of court.

 
Reply   
 
a

Thank you all for your responses.

@Rocky sir, there are no signatures available on the statements recorded by police. i believe police wont take their signatures as per the law. At the end of the statement, police will just "recorded by me" and the police signature.

 

@sudhir sir, ya i am asking about demation case after acquitall. could you please tell me on what grounds defamation can be filed?

 

@ekta - thank you for the clear explanation. how do we say it is false? supposin wife says in chief, the husband has never taken her for medical checkup but in cross depostion, she admits the husband took her for medical checkup everymonth. does this amount to false information stated?

 
Reply   
 

The verdict of acquittal, itself proves that they were false. Once you get it, then prepare to file a slander lawsuit against them with all the false & contradictory points highlighted from the records.But you have to wait till you obtain the verdict.

 

 
Reply   
 
a

Thank you so much for your explanation.

also, could you please enlighten me if the verdict of acquittal is good enough for divorce ground?

 
Reply   
 

If a woman's complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce.

 
Reply   
 
a

ok. thank you. few queries.

1. if they lie on oath and the chief and cross contracdicts to each other, wont it be called false case?

2. if the mother of the wife admits she was never examined by the police, doesthis not amoun to false part of the case?

3. if i present documents like medical bills, credit card statements, gift bills, travel tickets to say husband never neglected but kept her happy, does this attract false ingredients?

what else we need to show as exhitbits to say the case is false? 

 
Reply   
 
Dy Director

all these qeustions can be tackled by someone who has see all documents.

 

I repeat just understand

as long as you are not acquitted just forget if the word 'defamation" exists in dictionary.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x