ash83 (Business) 14 December 2023

Defamation statements in ws - separate suit or order 6 rule 16 can be used within same suit ?

dears sir,

A serious defamation statements is made by defendant in WS which he knows is not true

1) Is notice mandatory to issue to defendants to file criminal defamation case. i only intent to initiate criminal defamation not CIVIL defamation case.

2) Is it better to use the provisions of Order 6 rule 16 to strike out defamation statements in defendants WS or a separate suit is just ?

please help.

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Quick Summary

This discussion explores how to address defamatory statements made by a defendant in their Written Statement (WS). It clarifies whether a separate criminal defamation case is the only option or if Order 6 Rule 16 can be used to strike out the statements within the existing suit. The consensus suggests filing a complaint with the Magistrate under Section 200 CrPC for criminal defamation, without prior notice, and simultaneously pursuing a separate civil suit for damages. It's advised against using Order 6 Rule 16 to strike out the statements, as this might imply condoning the defamation.

6 Replies

T. Kalaiselvan, Advocate (Advocate) 14 December 2023

1. Notice seeking explanation for defamatory contents to be issued.

2. If you feel that you are defamed by the contents of was you may have to file a separate suit

1 Like

Real Soul.... (LEGAL) 14 December 2023

You should get certified copy of Written statement with defamation statement and issue defamation notice to the defaming person and then you can file both ciminal as well civil cases

T. Kalaiselvan, Advocate (Advocate) 14 December 2023

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject

1 Like

ash83 (.) 15 December 2023

Thank you.

Answer is here.

CRIMINAL PETITION NO.100331 OF 2023.

Dr. J C Vashista (Advocate ) 15 December 2023

No notice is required to file an offence (of defamation) punishable u/s 499 / 500 IPC.

You are requierd to file a complaint before the jurisdictional Magistrate u/s 200 CrPC, with relevant records (WS containing defamatory statement).

Simultanously you may file a suit for compensation of damages (for defamatory statement made therein the WS) and the suit also. It do not require any notice since the WS has intentionally been filed, which is supported by an affidavit of the defendant, who has made the statement .

Accordingly I respectfully disagree with the experts.

When you feel hurt by a defamatory statment (in the WS) made by the defendant, why do you intend to condone the statment and get the scandlous statement strike off under Order VI Rule 16 CPC ?

1 Like

ash83 (.) 15 December 2023

thank you all.