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Showing posts from August, 2020

PART 1 - THINGS TO KNOW BEFORE FILING DEFAMATION COMPLAINT

Being aggrieved of the ruthless comments made upon Birbal by Akbar (His Majesty) in front of the entire Darbar, Birbal has decided to file a Defamation Complaint before the Court of Law. (If you feel clueless, read the first paragraph of - PREVIEW OF DEFAMATION COMPLAINTS PROCEDURE ) Also, Birbal is clueless about the legal process, so he approached Me ( Note: this anecdote is fictional, if you have not realized till now). I had to tell him the following information to make him aware about “Defamation Case Procedures in Indian Courts” in exchange of some legal-fee of course: SECTION 499: Defamation is a Criminal offence under Section 499 of Indian Penal Code . This legal provision contains the legal definition of ‘Defamation’, which has to be followed by Courts and the judicial fraternity in order to convict or acquit an Accused person.   Short-Gyan: Did you know that making defamatory comments against a dead individual is also a criminal defamation offence!   PUNISHME...

WHAT TO DO IF AN F.I.R. HAS BEEN FILED AGAINST ME?

An F.I.R. filed against you generally mean that the Police authority now has all the legal powers to arrest you. But, like in every other case, there are exceptions to that as well, and also like every other case, each of such exception has a cost of its own which you may have to bear. And just like every other prior article, I will only inform you about the legal procedure involved to deal with this anxious situation of yours. TECHNICAL BACKGROUND – F.I.R: An F.I.R. can only be registered against you when the allegations are pointing towards a ‘ Cognizable Offence ’. For the purpose of everyone’s technical knowledge, a cognizable offence is an offence in which the police official does not require a warrant to arrest the accused person. In simple words, Police can arrest you as soon as the FIR is lodged against you (Refer to Schedule – 1 of Code of Criminal Procedure, 1973 [hereinafter “ CrPC ” ] for an exhaustive list of cognizable/non-cognizable offences mentioned under the Ind...

WHAT TO DO IF POLICE DOES NOT TAKE ACTION ON MY POLICE COMPLAINT?

ONE MUST ALWAYS TRY TO REFRAIN FROM STEPPING INTO THE CONTOURS OF A COURTROOM, FOR THOSE WHO ENTER ARE FOOLS, WHO VALUE THEIR MONEY OVER THEIR TIME.                                                - A SMART PERSON There may be several reasons as to why the Investigation Officer (hereinafter “ I.O. ”) is not in favour of registering an FIR in your case. Apart from the usual reason, which I am not in favor of mentioning on this online portal, the other reason(s) may include: That, the IO feels your complaint is based on false facts. That, the IO feels your complaint has arisen because of a mere ego-clash between you and the accused. That, the IO feels your complaint do not fall within the four-corners of any criminal offence mentioned under Indian Penal Code or any other Penal Act. That, the IO feels your complaint lacks enough witness/e...