tonyjames (lead engineeer) 07 September 2014

Can i file a deflamation case

Hi in one of the face book group ,My friend had an argument with a lady, and My friend who is very much aware
cyber laws and 2013 women empowerment laws was very careful in his language and did not leave a chance for any foul language or bad words. But the lady was not able to win the argument in a logical way and wanted to irritate my friend and made a post like this

WE ALL ARE PROTESTING HERE FOR A VERY SERIOUS CRIME..WE CAN'T ALLOW ANY PERSON HERE IN THIS PAGE,WHO HAS A HISTORY OF SERIOUS EVE TEASING,STALKING,TOUCHING WOMEN..IT'S VERY SHOCKING I HAVE BEEN SEEING SOME ONE LIKE THIS ON THIS PAGE.I DON'T KNOW WHAT SHOULD I SAY OR DO ABOUT IT..CAN ANY OF YOU TELL ME HOW TO DELETE THIS GUY?

The post it self does not reveal any name but under the post she commented that

"he is on this page.. he's fb name "my friends name" ...he's on this page..n i dnt know wht to do abt it"

My friend got irritated as he was accused of WHO HAS A HISTORY OF SERIOUS EVE TEASING,STALKING,TOUCHING WOMEN.

In fact he has not done anything of that sort. He is thinking on how to counter it,
So I have a few question in this regard

Does this comes under defamation, will this case stand a chance in court.

Under what section of cyber laws the a case can be filed?

Welcome expert opinions in this regard.

Thanks

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 10 September 2014

since there is no particular mention about your friend in her allegations, this cannot attract the provisions of defamation offence.

Ashok, Advocate (Lawyer at Delhi) 10 September 2014

The contents posted by the lady in writing on FB appear to be defamatory in nature, and moreover, in a comment below that post she has also identified your friend whom that post was attributed to. Reading both the post and the comment together, your friend definitely appears to be having a cause of action to file a complaint under Section 500 IPC for defamation. This complaint can be filed as a private complaint since it is a non-cognizable offence. The electronic documentary evidence of the FB post and comment may be used for this purpose.

xcxc (student) 12 September 2014

If a lady posts a story about the illicit relationship in real siblings bro sis known to her who are cheating innocent girls and duping in fake marriage by changing their name then is it defamatory ?

T. Kalaiselvan, Advocate (Advocate) 12 September 2014

I reiterate that this will not attract the provisions of section n499 or 500 IPC if the contents are to be taken as facts, shall repeat the contents of the querist: The post it self does not reveal any name but under the post she commented that "he is on this page.. he's fb name "my friends name" ...he's on this page..n i dnt know wht to do abt it" In the above it is clear that she has intentionally avoided mentioning his name but she intended the recipient to understand and get irritated/frustrated, her idea as expected has been rewarded. But no ingredients for a defamation case/suit.

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