Shishir Jain (IT) 13 July 2017

Can i file defamation against one for posting pics on whapp?

One of my not-so-close family relative has posted my Personal pics on our Family Group (imm. Family & close Cousins) in WhatsApp with the intention to defame me. He got the photos from somewhere and posted them depicting his own story out of it, which is completely False. He has shared these without knowing a single fact about them, when where etc. those were taken. His act has hampered my reputation and peace within Family. Please advise if I can sue him for defamation and section 504?

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4 Replies

Arjun Kohli 13 July 2017

Well, there are grounds for you to file for Defamation. However, whether you will be able to prove his guilt beyond doubt is the question of concern since the images were shared over Whatsapp. However, with adequate witness strength, you might as well be able to do that.

As to s. 504, the expression of Public Peace will have to be adequately established in your favour by your would be advocate and its breach will have to be shown appropriately too.

Bespoke Legal (Advocate) 13 July 2017

Both Civil as well as criminal defamation can be filed in this matter as adequate grounds are available but then case has to be fought on merits..A strong case with witness statements and the magnitude of defamation has to be well presented.