Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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T.S. Krishnan (Vice President and CEO)     17 April 2018

Personal defamation

A perosn X at Tirupati andhara has called a perosn Y  at Delhi  NCR (NOida) a FOOL an IIDIOT and other names. He has also sent messages calling the person at Delhi as FOOL and IDIOT.

Can a case of defamation be filed agaisnt the perosn X?  Can this case be filed in Noida or Delhi



Learning

 6 Replies

Siddharth Jain   17 April 2018

The case would be filed in Noida itself, not Delhi as no part of cause of action arises in Delhi.
For any other queries feel free to contact me at isidjain1@gmail.com

T.S. Krishnan (Vice President and CEO)     17 April 2018

Thanks for the reply. 

first think can I file case for this. The only evidence that I have now is the message he has sent me at my mobile..He had been callilng me names over phones I have eye witnesses for the same

What are the xpenses likely to be

Can I fight my case myself withou a lawyer

 

 

 

 

R.Ramachandran (Advocate)     17 April 2018

Criminal Defemation = 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 to defame that person.

Civil Defamation: First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff. Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party.

In your fact situation, no such defamation lies.  Scolding a person face to face or over phone is not a defamation.  

 

 

1 Like

Smreti Sharma   17 April 2018

if it is a two way communicatiin only between 2 people,then how can it be a case of defamation?

Smreti Sharma   17 April 2018

Case under section 499 and 500 of IPC can be filed statements made are of derogatory nature and will affect your character , status or general standing in the society provided that the statements were made in front of a public or a group of people and that it would actually affect malign your social, moral, economic image.

Adv Deepak Joshi +917017821512 (Advocate)     21 April 2018

For case to made out under defamation primary requirement is

(a) the defendant published a defamatory statement about the plaintiff in written or another form (b) and other people were exposed to the statement.

If these messages where only sent to you then this will not fall under the definition of defamation.


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