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Understanding Civil and Criminal Defamation

The document discusses criminal and civil defamation in India. Criminal defamation can result in punishment like fines or sentencing, while civil defamation involves calculating damages to be paid by the defendant. The document also answers frequently asked questions about how damages are assessed, court fees, what a court considers for accepting a defamation suit, and time limits for filing criminal and civil defamation cases.

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16 views2 pages

Understanding Civil and Criminal Defamation

The document discusses criminal and civil defamation in India. Criminal defamation can result in punishment like fines or sentencing, while civil defamation involves calculating damages to be paid by the defendant. The document also answers frequently asked questions about how damages are assessed, court fees, what a court considers for accepting a defamation suit, and time limits for filing criminal and civil defamation cases.

Uploaded by

sarojkumar
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

DEFAMATION

Overview:
Basically, there are 2 types of defamation suits, Criminal and Civil.
• In India, defamation can be both Criminal and Civil.
• Plaintiff (the person who files the defamation suit) can pursue a criminal or Civil or both
at the same time against defendant (the person/organisation against whom the
defamation suit is filed).

Criminal defamation
Criminal defamation (IPC 499), if you want to get the defendant to be punished (as per IPC 500).
• Bailable, non-congnizable and compoundable offence.
• No FIR, the police cannot start investigation of defamation without a warrant from a
magistrate.
• If defamation proven, defendant can be sentenced or fined or both.

Civil defamation
Civil defamation (Under Law of Torts, the rights provided in Constitution & Law of the land), if
plaintiff want damages to be paid from the Defendant.

• For Civil defamation, your damage has to be calculated. Can’t be just some random
figures.
• If defamation proven, compensation would be paid as per rightly calculated damage.

Frequently asked Questions:

1. How do we assess the damage expense?


A. Physical damages and emotional damages.
B. Medical bills, lost wages, payment for suffering, property damage etc...
C. Potential damage to future capability...
D. Mostly other cases with similar lines of pain, timelines of proceedings are taken into
consideration.

2. How much do we need to pay the court upfront for the proceedings?
A. It isn't fixed amount and only can be decided by court itself.
B. Karnataka HC use Fees & Suits Valuation Act, 1958

3. What will court consider accepting the suit?


A. Defamatory content
B. Claimant and defendant should be identified in the defamatory statement.
C. publication of the defamatory statement in either oral or written form.
[Link]
India

4. Time limit to File the suit.


A. Criminal Defamation - Within 3 Years, goes with CrPC 468(2), and rider CrPC 473 can be
applied on top.
B. Civil defamation - As per Limitation Act 1963. Typically within 1 year. rider section 5 of
Limitation Act 1963.
[Link]
cases-in-India

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