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vandana kollapu   16 October 2021

False allegations

Is there a law or rule in constitution where we can press charges of false allegations by wife to a husband??


 2 Replies

Ananya Gosain   16 October 2021

Greetings!

One can file a civil suit as under the following offences, when falsely accused-

  1. DEFAMATION: One can file a civil suit for defamation of character via false allegations of a crime can come in two forms: slander and libel. Civil lawsuits over slander or libel each target false statements which harm a person's reputation.  The difference is that slander involves oral or spoken statements made to a third party (someone other than yourself), while libel involves written, visual or Internet-based depictions which were published or publicly posted for others to read.   In civil law, defamation is punishable under the Law of Torts by imposing punishment in the form of damages to be awarded to the claimant. This suit will compensate you for damages regarding humiliation, embarrassment, and mental anguish after being falsely accused of a crime. Though these aren't actual monetary losses, their value as damages can be calculated by an experienced attorney.
  2. MALICIOUS PROSECUTION: To file a civil lawsuit over malicious prosecution, you must be able to hold someone liable for initiating a civil or criminal charge against you while being fully aware that the claims behind the charge were false or weren't reasonably true, and had a wrongful purpose is being made. Your civil lawsuit cannot be based simply on the inadequacy of the evidence against you.

Hope this helps

Regards

minakshi bindhani   16 October 2021

As per your concerned query!

To answer your query the Indian penal Code has the provision "defamation" when any person harassed or humiliated by another person can lodge an FIR against the person involved.

Under section 499 of the Indian Penal code, 1806
When one person makes false accusations against or statements about another and “publishes” those statements (by transmitting them to a third party by written word or word of mouth), and those statements damage the reputation, character or integrity of that person, the target of the statements may recover damages from the person who uttered the false statements. Such statements are called defamation of character.

There are two types of defamation:

Libel: Libel is a defamation that is written, such as in a newspaper, magazine or on the internet.

Slander: Slander is a defamation that is orally published, such as in a speech, over the airwaves, or in casual conversation.

Section 500 of the code, whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Hope it is helpful
Regards
Minakshi Bindhani

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