LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mahesh Yadav   27 January 2022

Defamation case can be file by call recording proof ?

If someone call third person a Kinnar "chakka" on call and continuous calling in group or in society. So person can file Defamation case against that person who calling him kinnar. 

So what are sections and how to file the case.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 January 2022

Supporting Your Case For Defamation

When you gather your evidence, it must be focused on meeting all elements of a defamation claim. This is sometimes called establishing a "prima facie" case. Though each state has its own particular requirements as to what constitutes defamation, generally all of the following elements must be satisfied:

Aryan Raj   27 January 2022

Dear Mahesh,

Electronic records created for a court's examination are considered documentary evidence under Section 3 of the Indian Evidence Act, 1872. Sections 65A and 65B of the same statute make electronic records admissible. Call recordings are admissible in court under these provisions.

Therefore the call recordings can be admissible in the court for your case as well.

Regards,

Aryan Raj 

Sudhir Kumar, Advocate (Advocate)     04 February 2022

for filing defamation case one has to prove that :-

 

  1. Commuinicatrion was made bydefendent.
  2. communication was regarding applicnat
  3. communication was made to some other person (non merely individual discussion) i.e. some person other than complainant and defencedents heard/read/seen such communication by any mean.
  4. applicnt lost reputation out of the same.
  5. the communication was false.

 

Your query does not convey full facts.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query