Upgrad LLM

different between civil/criminal defemation

Kaatu Poochi&Co

I have not any FIR. I'm facing just private DV case only. My advocate advice me while DVA Case is in processing can  file the civil defamation.

1. How does it support of me?

2. What is the different between civil and criminal defamation? 

3. In civil defamation can I pay any % from claiming amount?

4. Is any punishment under civil defamation?

5. Is civil case take long period or complete fast.

6. Is any other valuable advice plz.

 
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Lawyer

In criminal law defamation is punishable with sentence and fine where as in civil law you can claim only damages in money for the loss of reputation. A civil remedy proceeds like any other suit involving filing of plaint, reply, evidence and arguments. 


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Advocate

I agree with the views of Advocate Mr. Thukral to the query.  The defamation case filed under criminal law (u/s 500 of IPC), if proved by the complainant in his private complaint before a judicial magistrate, the respondent(accused) will be sentenced with punishment and a fine amount or anyone of them.  In civil suit for defamation, it is a claim against the damages seeking the costs towards it,this suit will sustain more appropriately when the criminal case has been passed in favor of the complainant, but the civil suit will take its own time like other suits in the civil court.  One thing has to be ensured that the defamatory ingredient has to be confirmed before filing a case in that regard. Merely thinking that she has filed DV case with false allegations will not constitute as material for case/suit for defamation against the opponent.  Do not be misguided by over enthusiastic lawyer's improper advice.


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