Court fees for a criminal defmation case

Defamation is a spoken or written false statement about you that results in some type of harm. Whether a statement is posted online or is made at a social gathering, it can still qualify as defamation. Libel is written or posted defamation, while slander is defamation that's spoken.

Defamation in India can be considered as both Civil offenses as well as criminal offenses.

1.         Civil Offence - The remedy for civil offenses covered under the Law of Torts. According to the law, an offended person can approach the district or high courts to get the recovery in the form of monetary compensation for the damages from the accused person.

2.         Criminal Offence - Both libel and slander, can be included in criminal offenses under sections 499 and 500 of the Indian Penal Code (IPC). Criminal offense gives the chance to the offended person to file a criminal case against the accused person.  The punishment for a guilty person before the criminal court of justice is either simple imprisonment of up to 2 years or requires paying a fine or both. It is a bailable, non-cognizable, and compoundable offense under criminal law.

A civil suit can be filed under order 7 rule 1 of Civil Procedure Code, 1908, and a criminal case can be filed for offenses under sections 499 and 500 of Indian Penal Code, 1860. Defamation complaints, will be prepared under section 200 of the criminal procedure code, 1973. A case of civil nature, must be filed in civil court, and if it is of criminal nature, it must be filed in ACCM court.

Filing a Defamation Lawsuit

The Complaint- A Complaint will be filed in your state's civil court system. This document initiates the lawsuit. At this stage, a key consideration is the defamation statute of limitations in your state, a law that sets a time limit on your right to take your case to court.

Service, Answer, and Discovery- After the Complaint is filed, the defendant is served a summon. He has a brief window of time in which to file a response. Next, the court issues a scheduling order. At that point, the discovery phase begins. The other party will likely also ask you to produce certain documents.

Depositions- A deposition is an interview under oath during which the attorney for the other party asks you questions.

Settling a Defamation Case- Once the discovery process is over, settlement negotiations typically begin. Whether to settle a defamation case out of court or go to trial is ultimately up to the client.

There are no court fees in criminal matters except ticket fees. The procedure in civil court and criminal cases takes time. They can go for 2-3 years. 

Hope it helps,

Regards,

Srishti