Bunty gupta 20 August 2016

Section 499 defamation

Hello I am a law student I would like to ask learned members question related to Section 499 IPC Defamation. My question is that we have heard that people in defamation cases demand Rs. 10 crores,100 crores or whatever amount of money. I cannot find a provision in law related to "valuation" or value to be arrived for a defamation case. Is these amounts arbitrarily claimed or there are some provisions nad/or case laws that decide the calculation of values of defamation cases. Thanks

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3 Replies

Sandeep Naik (Advocate) 21 August 2016

Thre is no provision in CR.PC. u/s 499 for the value of valuation . Other expert in this forum may throw light on it and I will be obliged to add in my knowledge.

Adv. Sandeep Naik

Mob : 9967056980

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 21 August 2016

Defamation is both a criminakl offence as well as a civil wrong. In civil cases you seek damages on account of breach of societal obligations as commiting defamation goves rise to tortious liability. Hence the damages are accountable to the person who commits the wrong.

In criminal cases, you seek prosecution and punsihment of the person who has committed the defamation. In addition to that you may also seek compensation u/s 357 CrPC.

If you want to know the basis on which damages are calculated , read sections 12 and 55 of the Indian Evidence Act. ALso read the difference between general and special damages.

Augustine Chatterjee

Advocate & Solicitor at Law

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Bunty gupta 02 September 2016

Dear learned members thanks for your guidance. As far as I understood that the person claiming defamation cases will have to give evidence in monetary terms that his reputation is damaged say for eg. of Rs.10 crores but how will he substantiate this 10 crores. Can you please guide me through any case laws where the courts have guided regarding the logic or basis of valuing a reputation etc. in case of defamation.

Thanks and regards