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Jessica (None)     07 April 2013

Can a case be filled in such matters ?

So there is a guy friend of mine who is facing some issues. Actually he was best-friend with a girl. But then the girl turned bad, and used the guy for her means (i.e to get her boyfriend back). To do so, she told some nasty lies, which completely destroyed his personal and social life. Also the girl is of fluctuating nature, after that incident, sometimes she says to my friend that I want you back / I wanna talk to you / just talks normally and the other day she would be like get lost from my life. The only mistake my friend did was to call her incessentaly and text her (she would block him, he would text from other number). Actually he was contacting her because she promised to confess her lies and restore his life. But now she has backed off. He has her messages and call recordings that prove that she was lying and also that she wants to talk to him but tells everybody otherwise. When he told her that I'll make those proof public, she threatened him that I'll file a case against you for blackmailing and harassing me.

Now the questions remains..

1. Is it illegal under Indian Law to publicize any material that absolves you of your accusations ?

2. Can she really file a case of harassment even if she has talked and contacted my friend willingly, but later on changed her mind ?

3. What type of case can be filled against her ? 

4. What kind of case can be filled against her for destroying his life, for her means by lying ? Is this thing even punishable ? 

5. Which of the above mentioned incidents are punishable under IPC ?



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 4 Replies

Satyadarshi Kunal (advocate)     08 April 2013

Dear Jessica,

I was reading your querry very carefully. However I could not convince myself that this case should be brought before a court of law. such things should always be sorted out among friends and the issues which you are concerned about, are the issues which are there in your mind.

However, even if you want to go ahead with legal process then apart from Defamation, there are many other sections in IPC which may be attarcted for this case. Apart from criminal liabilities, you also have civil laws in your favour wherein your friend may get compensation for such an act of the girl.

I hope these limited words suffice your concern.

Regards

2 Like

manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK)     08 April 2013

if they r leaving together than something is possible otherwise not.......

1 Like

Jessica (None)     08 April 2013

Thank you very much for your kind answer. Can you please answer the questions I've asked specifically ? It would really help a lot.

And can somebody file a case of harrasment, even if they have talked to the person willingly, then stopped talking and the latter person called them many times to seek an explanation for such behavior ? This thing has been happned with my friend 5-6 times. It looks the girl is not mentally stable.

Also which IPC sections can this case attract ?

Jessica (None)     08 April 2013

Originally posted by : manoj joshi

if they r leaving together than something is possible otherwise not.......

You mean they are living in the same city ?


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