Can damages(amounts) be asked in Criminal Defamation. What is the time limit for filing the Criminal Defamation with damages?
Samarpan (M)99958670740 (Free legal advice and legal aid cell) 10 November 2016
3 years. Refer to S. 468 (2)(c) of Cr.P.C.
Pawan S (06292021602) (Advocate) 10 November 2016
There is no such civil or criminal defamation. Defamation is punishable in IPC and compensation can also be claimed in lieu of defamation caused to the person concerned. Firstly, file criminal case and thereafter civil case.
An individual can either be sued for compensation by the affected person or be criminally prosecuted by the state.
Under the civil law, the person defamed can move either the high court or trial court and seek damages in the form of monetary compensation from the accused. The amount claim for the indemnity should be reasonable with valid grounds.
On the other hand, the Indian Penal Code gives an opportunity to the defamed individual to also move a criminal court, asking the latter to take cognizance of his complaint.
It’s a bailable, non-cognizable and compoundable offence, which means no police can register a case and start investigation without the court’s permission.
Under sections 499 and 500 of the IPC, a person found guilty can be sent to jail for two years.
Since the law is compoundable, a criminal court can drop the charges if the victim and the accused enter into a compromise to that effect (even without the permission of the court).
As mentioned by the experts earlier, refer section 468 CrPC for the time limitation. Just to add, As per section 473 CRPC, the limitation period can be extended in some cases.