bharath (consultant) 23 November 2016

Defamation and suit for damages

can we file defamation and suit for damages after one year.

what is the time limit

Regrd,

bharath

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2 Replies

Kumar Doab (FIN) 23 November 2016

Limitation Act,1963:

75.	For compensation for libel.	One year	When the libel is published.
76.	For compensation for slander.	One year	When the words are spoken or if the words are not actionable in themselves, when the special damage complained of results.

https://www.vakilno1.com/bareacts/limitationact/limitationact.html

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Kumar Doab (FIN) 23 November 2016

Central Government Act

Section 468 in The Code Of Criminal Procedure, 1973:

468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only

1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.

(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

https://indiankanoon.org/doc/1599077/