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FREEDOM & LIBERTY (Business)     23 October 2012

Will a mere complaint attract defamation

'A' files a complaint on 'B' for criminal intimidation. In the complaint A has included a pre-fix before B's name to make it appear as if B is a dadagiri. This complaint was registered in a police station and A was adviced not to make any frivolous charges against B and sent back. The complaint did not make it to FIR stage and no inquiry was made at all.
 

B gets a copy of the complaint through RTI and finds all about A's allegations on him. B has no criminal record and nowhere B has been represented in such a manner.

 

Now

  1. Can B file a criminal defamation on A?
  2. Which jurisdiction should B approach? the place where B lives or the place where A claims the incident took place?


Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 October 2012

Just because a criminal complaint was not turned into an FIR, would not per se amount to defamation, only after the necessary trial if the complaint comes out to be false after trial - does normally one get to file for malicious proseuction + defamation. However you can try filing a defamation case, as a complaint is a public document and may lead to your reputation falling in the estimation of the right thinking members of the society. 

Place where complaint was made for that is where 'publication' took place. Infact I believe it can even be made in court having jurisdiction of one's residence, because a complaint would have made persons in his locality 

1 Like

Goutam Prasad (Advocate)     23 October 2012

Any such act, if otherwise the words used by A is defamatory, it will amount to Defamation under section 499 of IPC. Relevant judgement for such event may be Dr. J. Sudarshan v. R. Sankaran, 1992 Cr.L.J. 2427

You can file private complaint in court of MM of your area as jurisdiction in criminal trial depends on complainant's residence. Alternatively, you can file private complaint in area where such FIR was lodged, being jurisdiction on the basis of cause of action.

Police complaint will result nothing in such cases. Only private complaint in court of MM will work.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

1 Like

Raj (fr)     18 August 2013

If FIR is registered in PS on criminal defamation.what will be the result if Chargesheet is in my favour.

Rgds,

Raj


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