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Law Point   07 February 2021

is any notice necessary before defamation proceedings

is any notice mandatory to the person who has committed defamation before initiating action under Section 499 of the IPC.is any notice mandatory to the person who has committed defamation before initiating action under Section 499 of the IPC.


 2 Replies

Kevin Moses Paul   07 February 2021

In case an individual is publicly insulted, the individual is entitled to claim for the compensation for damages done to his/her reputation by sending a notice (legal notice) for the same.

The Section 499 of the Indian Penal Code (IPC), 1860 deals with Defamation.

The act further states -
"Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person."

A defamation legal notice is also a warning before taking the case or matter before the honourable court. Thus, no reply to such a notice can result in more harm.

The victim can send legal notice defamation against a man under Section 499 of IPC seeking remedy under the criminal law or under the Code of Civil Procedure.

There two types of situations where an individual could file for defamation. These situations take place when one, or more than one person, tarnish/diminish the reputation of an individual or an institution by:

1.) using defamatory words, gestures or other transitory forms, then it's called defamation by slander.

2.) writing or printing something, then it's called defamation by libel.

As per the Apex Court’s decision, in respect of an offence of defamation, only the individual can take legal action, not his/her parents, any other family members or friends.

Law Point   07 February 2021

thankful🙏🏻

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