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FightForCause (Businessman)     25 August 2015

Can defamation be put on witnesses

Hi Experts,

In 498a, 406 , 506, 34 case only wife deposed and stood for Cross examination.

All other witnesses - Wife's mother , father , sister , wife friend and neighbours all refused to come as witness and now only Investigation Officer will be called.

All witnesses had given false statements and when cross of wife was over and Juge made a stern remark that was this case just for harrassment , it seems they have backed down.

Can i put defamation case on these witnesses after my aquital from the above case?

Also one more query:

IO has been transferred to far off location and may not come....then will someone else come from police station or the same IO has to come? Generally how many chances IO will be given to appear in the said case.

 

 



 3 Replies

FightForCause (Businessman)     25 August 2015

Statements are just the typed statements which IO has typed and there is no signature . But in my wife cross we asked her do u accept that your mother father gave statements to police and theses are the same which you see in CS submitted in court, she said Yes.

I know untilt he person who has given statements accepts them , my case remains week....but after aquital i want them to taste their own medicine ..... there were 8 withnesses including wife.....except wife nobody came to depose.....wife also came due to issuance of warrant and then she told nobody else will be deposing.

Amol Sanghi (Junior practitioner)     24 May 2017

As far as your acqittal is sure, you can file a case for malicious prosecution as to what you referred as taste of her own medicine, where you can recover damages.

secondly defamation case will be maintainable only if in their deposition comes something under sec 499 of IPC and not covered within its exceptions. For which you need to see their depositions.

If you require further help, feel free to reply back or e-mail @ amolsanghi2007@yahoo.com

Raveena Kataria (Advocate )     05 July 2017

Statements made by witnesses in court do not amount to defamation as defined in theIndian Penal Code, neither can one take civil action against such statements. The important elements of defamation are that the words are spoken or written with the intent/knowledge to injure someone's reputation, and they are addressed to the public by the culprit. (If the report of your court proceedings are published, that doesn't amount to the same thing as the statements being published on account of the culprit.)

If people testifying in the court were liable to be legally attacked on grounds of defaming someone, court would not find any witnessess for the purpose of conducting their trials. 

However, Amol (above) is correct in saying that you can file a case on grounds of malicious prosecution.


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