S. Kumar (Clerk) 02 February 2014

Limitation for defamation

The limitation to file Defamation Suit for anybody's discharge from his official duty. In such case is it three years or no limitation ?

Before 2.5 years ago, my Brother in Law (working in Govt. of India) sent an extremely defamatory Email by using his official email ID & official mobile number (both provided by Govt. of India) to my Department's 15 Senior Level Officers (including Minister, Secretary & Other Senior Level Officers) for 498a & DV with complete packages. I am also working in Govt. in India.

I got the reply to my RTI from my BIL's Govt. Office that:

i. "It is PROHIBITED to use the official Email ID for anything other than legitimate business purpose."

ii. Any form of harassment via Email or violating the rights of any person or group etc, is PROHIBITED.

In this Case, the limitation for Defamation is three years or no limitation (any time can be filed) ?

with regards,
S. Kumar

Reply Follow

4 Replies

Dr J C Vashista (Advocate) 02 February 2014

It is 3 years.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 03 February 2014

Dear Mr. Kumar,

you should have all the evidences before approaching the court. The copies of the mails / Sms are with you. then limitation starts from the next day when it was sent. limitation is three years as rightly said above.

Rajiv Bhasin

BHASIN LEGAL CONSULTANTS

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

T. Kalaiselvan, Advocate (Advocate) 04 February 2014

It is one year when the libel is published for compensation for libel.

S. Kumar (Clerk) 04 February 2014

But, sir it is his discharge of his official duty (misuse of his official asset). Kindly clarify it. I found at somewhere else that

"The Limitation for filing a Defamation case under Criminal Law, if the offence is alleged to have been committed against a per son/firm/company other than the President of India, the vice-President of India, the government of a State, the Administrator of a Union territory or a Minister of the Union or the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, is three years from the day when the right to sue accrues as per Sl. No. 113 of Part X of Schedule I of Limitation Act and Section 468(2)(c) of Cr.P.C."

Kindly expedite the issue.

with regards,

S. Kumar