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Question on defamation case

hello, if someone files a false defamation case on me..what will be the first step...

will i get any notice. or will there will be any arrest immediately ---------- i agree you all might ask me to consult a lawyer for this to reply to the case.. but i am not in a position to spend for this(as i am financially very broke) just for the fact that someone is falsely accusing me.. how to fight for this by myself.......i am not saying that i dont want to do this all by myself.but is the need of a lawyer really necessary here especially as i know that the purpose of the opposite party is to drag me to court in some way or the other. -- if i am able to prove that the accusation on me is false..what would be the penalty for the other person that filed a false case on me

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5 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 25 October 2013

If accusation are false u will get acquitted, you can drag him in court for false implication. If you are really financially weak you can call me for help in mumbai.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 26 October 2013

Dear Querist Defamation case is non -cognizable & bailable so no immediate arrest will be happened

Laxmi Kant Joshi (Advocate ) 26 October 2013

Yes you will get summon from the court , no immediate arrest will be done in such cases.

Sudhir Kumar, Advocate (Advocate) 26 October 2013

agreeing with experts above I will add that for proving defamation one has to prove that :- (I) defendent made a statement (ii) satement was regarding applicant (iii) statement was conveyed to third party (iv) applicant lost reputation because of statement (v) statement of the defendent was FALSE AS WELL.

Sudhir Kumar, Advocate (Advocate) 26 October 2013

YOUR QUERY IS INCOMPLETE. You have not disclosed the events preceding the allegation. you have not disclosed whether civil case is file or criminal case or both.