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S Arun Raj   21 April 2020

rumors

How to take legal action against rumors


Learning

 7 Replies

Archit Uniyal   21 April 2020

Hi,

There is no particular section for rumours in Indian law bur rumours in the form of defamation is a crime under tort law. is a false statement communicated to someone else to damage your reputation or good name. Defamation through writing is called “libel”; spoken defamation is called “slander.”

To win damages against someone who has libeled you, you must prove the written statement was:

  1. False
  2. Harmed your reputation or your business’s reputation
  3. published to at least one other person about you or your business specifically,
  4. and made with some degree of fault and intention.

Slander - The defamatory statement is made by spoken words. It is a civil injury only and not a criminal offense except in certain cases.

Section 505(1) of Indian Penal Code: The punishment for making, publishing or circulating any statement, rumor or report which may cause fear or alarm to the public, or to any section of the public may extend to 3 years or fine or both.

Section 66D of Information Technology Act: Whoever, by means for any communication device or computer resource, cheats by personating will be liable for imprisonment of either descripttion for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

Section 54 of the Disaster Management Act, 2005: Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic is subject to imprisonment which may extend to one year or with fine.

During the Coronavirus lockdown Maharashtra police have registered as many as 51 cases across the state against various individuals spreading fake news, rumours and false or fraudulent claims concerning the pandemic.

 

I hope this solves your query.

Regards,
Archit.

Raghav Arora   22 April 2020

Mr. Om Prakash, experts are meant to answer and not ask the laymen about Torts. I think you should post this query in the forums. Hopefully no one discards it and tells you that "this forum is not for academic queries".

Raghav Arora   22 April 2020

1. Addressing the laymen or "the Archit Uniyal" is not the point. The point is, at least "the Archit" is moving his mouse from one screen to another, typing and looking for relevant data which the querist might not be very easy accessing, and then selecting the relevant part out of it and posting here. At least is not just all over the forum suggesting what shoukd be done and what he likes and dislikes. Archit's habit is way better and valuable than yours.

2. Some questions do something wrong and you follow? You are a respected senior Sir. Please lead the way. In the right direction. Archit could have learnt much more from you if you could show him what the perfect answer would be.

3. You welcoming Academic Queries or not does not change the fact that this platform is for everyone, a student, a lawyer or a layman asking anything related to law. Please understand that you are subtracting value from the platform by discouraging people. Its a noble job to help. If you cannot, let others do.

Dhanyawaad.
1 Like

Raghav Arora   22 April 2020

Querists* Instead of questions in the second point.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 April 2020

Originally posted by : OM PRAKASH
I have not addressed to define the 'tort' to the layman/original querist, but to the Archit Uniyal, the expert, who is in the habit of copy pasting the Court's texts. The layman is ever welcomed by me with his every fault. Also kindly don't be selective, as there are some experts who question even the spelling mistakes too by the innocent querists.

 

BEWARE of people like "OM PRAKASH" (a Frustrated & poisonous forked tongue Expert), wherein he continously spews out his Frustrations against various voluntary EXPERTS and the QUERISTS of this Forum. ONLY NEGATIVE CRITICISM, WITHOUT ANY MEANINGFUL OR CONSTRUCTIVE ADVISE.

Parveen Bhatia   22 April 2020

if rumors are effective on your prestige so you can go defamation case and mental harrassment.

Raghav Arora   22 April 2020

All are requested to kindly maintain the decorum of the forum, respect each other and the profession that we are in. We are not in a competition here. We need to see beyond this and only use the platform to help people rather than doing anything that discourages a decent person from coming to the forum.

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