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How To File A Criminal Defamation Case

Criminal defamation cases can be filed under Sections 499 and 500 of the Indian Penal Code. To file a case, a complainant must file a complaint with the magistrate within 3 years of the defamatory statement. The complaint must include details of both parties and the nature of the complaint. The court will then issue summons, conduct discovery where both sides provide questions to each other, and facilitate settlement negotiations before potentially proceeding to trial. The entire process usually takes around 15-30 days for summons to be issued. Court fees are usually a nominal percentage of the claimed compensation amount.

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153 views

How To File A Criminal Defamation Case

Criminal defamation cases can be filed under Sections 499 and 500 of the Indian Penal Code. To file a case, a complainant must file a complaint with the magistrate within 3 years of the defamatory statement. The complaint must include details of both parties and the nature of the complaint. The court will then issue summons, conduct discovery where both sides provide questions to each other, and facilitate settlement negotiations before potentially proceeding to trial. The entire process usually takes around 15-30 days for summons to be issued. Court fees are usually a nominal percentage of the claimed compensation amount.

Uploaded by

Drishti Yadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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HOW TO FILE A CRIMINAL DEFAMATION CASE?

DEFINITION OF CRIMINAL DEFAMATION


- 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, except in the cases hereinafter expected, to defame
that person.
- The above, is mentioned in Section 499 of the Indian Penal Code

ESSENTIALS OF DEFAMATION

- There must be a defamatory statement.

- The defamatory statement must be understood by right-thinking people or reasonable-


minded persons as referring to the plaintiff.

- There must be the publication of the defamatory statement, i.e., it must be


communicated to some person other than the plaintiff himself.

- In the case of slander, either there must be proof of special damages

APPLICABLE LAWS AND SECTIONS


- Section 499 in the Indian Penal Code
- Section 500 in the Indian Penal Code
• Punishment for defamation. —Whoever defames another shall be punished
with simple imprisonment for a term which may extend to two years, or with
fine, or with both.
- Section 200 in the Code Of Criminal Procedure, 1973
• Examination of complainant. A Magistrate taking cognizance of an offence on
the complaint shall examine upon oath the complainant and the witnesses
present, if any, and the substance of such examination shall be reduced to
writing and shall be signed by the complainant and the witnesses, and also by
the Magistrate
- Section 501- Printing or engraving matter is known to be defamatory
- Whoever prints or engraves any matter, knowing or having a good reason to
believe that such matter is defamatory to any person, shall be punished with simple
imprisonment for a term which may extend to two years or with fine or with both

HOW TO FILE CRIMINAL DEFAMATION?


- A complaint/ FIR can be filed as soon as the necessary documents get verified by an
attorney and finished with the initial investigations.
- The aggrieved person can initiate criminal proceedings by filing a complaint under
section 200 of the Code of Criminal Procedure before a Judicial Magistrate.
Thereafter, the Magistrate may take cognizance of the matter and proceed with it in
accordance with the procedure provided for the summons case.

WHEN TO FILE A CRIMINAL DEFAMATION CASE?


- The person whose reputation gets affected directly or indirectly by words spoken
written or published that person can file a case of defamation in India.. And criteria
for filling a suit of defamation is basically that his matter must come within the ambit
of the definition given under section 499 of the Indian Penal Code.
- The Code provides a limitation period for initiating a criminal action for defamation.
Section 468 of the Code provides a three-year time limit for filing such a complaint.
WHAT DOCUMENTS ARE REQUIRED?
- A document submitted by the complainant to file a criminal complaint against an
accused. In layman’s language, it is simply the written allegations of the complainant
and it contains a summary of the facts of the case he seeks to present and the relief he
seeks for the same.
- The details required to be mentioned in the plaint are:
The name of the court
The nature of the complaint
The name and addresses of both the parties

WHAT STEPS/PROCESS IS INVOLVED?


- After the case is filed, the defendant is served. The defendant is given time to respond
in writing. After then, the court issues a scheduling order that includes all of the
essential deadlines. The official inquiry conducted by both parties in a case is known
as discovery. Each side provides the other a list of questions to which the other must
respond under oath. This procedure aids both parties in learning about the other.
- The settlement negotiation begins after the discovery process. The attorney informs
and advises the client about the settlement by considering all the gathered information
about the case. The case should be settled out of court or go for trial is absolutely the
client’s decision.

TO SUM UP- • Civil suit can be filed under order 7 rule 1 of Civil Procedure
Code,1908, and a criminal case can be filed for offenses under sections 499 and 500
of Indian Penal Code,1860. Complaints about defamation will be prepared under
section 200 of the criminal procedure code,1973.
HOW LONG DOES THE PROCESS TAKE?
- Usually, the time taken, matters on the case and the circumstance. But approximately,
to issue summons in both cases requires 15 to 30 days.
HOW MUCH DOES IT COST?
- The cost depends on various factors, like the matter of fact of the case, the reputation
of the plaintiff, and the truth in the statement made or published.
- 7.5% of the claimed compensation in a ‘civil’ case must be given as a court fee
- The plaints are required to pay the court fees, as per the rules and regulations set by
the Court fees Stamp Act.
- The nominal court fee is then paid by the Complainant as required by the Court Fees
Stamp Act. The court fees usually amount to a nominal percentage of the value of a
claim or the suit being made in the case filed and thus, differs depending upon the
case.
HIGH COURT/SUPREME COURT JUDGEMENT
- D.P.Choudhary v/s. Manjulatha: A publication was made in the local newspaper,
Dainik Navjyothi that the plaintiff a 17 year old college girl ran away with a boy after
she went out of the house by saying she was having lectures. This false news item had
adverse effects on her and ruined her marriage prospects. It was actionable per se and
she was awarded damages of Rs.10000/- by way of general damages.
- Ram Jethmalani Vs. Subramanian Swamy: The court held Dr.Swamy for defaming
Ram Jetmalani by saying that he received money from a banned organization to
protect the then Chief Minister if Tamil Nadu from the case of assassination of Rajiv
Gandhi.
- Arun Jaitley Vs. Arvind Kejriwal: The court held that statements made by Arvind
Kejriwal and his five other leaders to be defamatory. The matter was sort out when all
the defendants apologized for their actions.
- Ramdhara Vs. Phulwatibai: - The plaintiff, a widow of 45 years was imputed that
she is a keep of the maternal uncle of the plaintiff's daughter in law. The court held
that more than vulgar abuse it was an imputation up on her chastity and hence it
constitutes defamation.
- Shreya Singhal Vs. Union of India:It is a landmark judgement regarding internet
defamation. It held unconstitutional the Section 66A of the Information Technology
Act, 2000 which punishes for sending offensive messages through communication
services.

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