How and where to file a case of defamation?

Whenever someone intentionally uses words, signs, visible representation or  a publication, to harm the reputation of the person in the eyes of common man, it amounts to defamation. There are two types of defamation, namely, libel and slander. The first one is on the written form while the later is in oral or spoken form. The person who has been defamed can claim for damages and an apology from the one who has defamed him. In India, defamation is a civil as well as a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. Section 499 of the Indian Penal Code deals with the Criminal part related to defamation.

 

What constitutes defamation?

For a suit to be categorised as one under defamation, the following elements should be present : -

1. Defamatory Content : - The content which injured the reputation of a person, by exposing him to hatred, boycott, contempt, etc. is defamatory content. While interpreting such statements, a common mans perspective is considered, which will decide whether there was an act of defamation or not.
2. Specific Mention of the defamed : - The person who claims to have been defamed should be specifically mentioned in the content. General and broad statements, which do not mention a specific person, wont amount to defamation.
3. False claims: - a defamatory statement must be false in nature or else it wont amount to injurious to the repute of the person. 
4. Publication : - the defamatory statement must be published to the public or the any other person other than the claimant, to account defamation.

Examples of defamatory statements are : -

• A communication that suggests the plaintiff was involved in a serious crime involving moral turpitude or a felony
• A communication that exposes a plaintiff to ridicule
• A communication that reflects negatively on the plaintiff's character, morality, or integrity
• A communication that impairs the plaintiff's financial well-being
• A communication that suggests that the plaintiff suffers from a physical or mental defect that would cause others to refrain from associating with the plaintiff

 

Once the above mentioned things are satisfied then, the suit is admitted and the defendant has to prove his defence. If he fails to prove the same, then the suit is successful.  An act of defamation to constitute criminal defamation, the  element of intention should be present.  

 

How and where to file a defamation case?

A defamation case is to be filed by a application to the Magistrate. Defamation is a bailable, non-cognizable and compoundable offence, so the police cannot start the investigation unless there is an order from the magistrate.  This in a way implies that an FIR cannot be filed in the case of defamation.

It is suggested that you hire a lawyer to make an application and institute a suit of defamation.

Krishnaveni Advocate

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