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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...
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DEFAMATION COMPLAINTS PROCEDURE - PREVIEW

 

BREAKING NEWS !! BREAKING NEWS !!

Today, Birbal filed a Defamation Complaint against Akbar before the Judicial Magistrate Court of Delhi. Birbal alleges that Akbar called him a “Fool” in front of all ministers for making Akbar wait for 6 hours to eat Birbal-ki-Khichdi, and therefore, has harmed the reputation of Birbal in front of his fellow Darbaris!

 

Before investigating further into the criminal case of Akbar v/s. Birbal, one should first be aware about the technicalities of the crime of DEFAMATION under the Indian Law (i.e. Section 499 of Indian Penal Code).

“Defamation” is a Non-Cognizable offence under the Indian Penal Code and can be punished for a maximum period of 2 years.

One of the important technicalities attached with a Defamation complaint is that the Police does not have power to take action on your defamation complaint. Only the Magistrate Court has the power to take cognizance and action on your defamation complaint (See, Section 199 of Criminal Procedure Code, 1973).

But the question is – “If a defamatory comment is made on you in future, are you aware of the procedures involved in filing a Defamation Case before the Magistrate Court?”

I’m sure you must have heard the News Channels yell “MAANHAANI KA MUKADMA” several times already in your lifetime. But do you know the procedures involved in filing a Defamation Complaint?

In the upcoming shorticles, I hope to give you the practical solutions for filing a criminal case of Defamation against the “Akbar” of your life!

 

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PART 1 - THINGS TO CHECK BEFORE FILING A DEFAMATION COMPLAINT?

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ABOUT THE AUTHOR:

Advocate Shreyas Jain, being a legal practitioner based in Mumbai, specializes in Criminal Law and primarily deal with criminal matters placed before Metropolitan Magistrates and Session Courts at Mumbai & Thane. Mr. Jain is a first generation lawyer and believes in working and excelling at the ground level before going big. You may reach him through his e-mail jainshreyas1995@gmail.com

NOTE: VIEWS MENTIONED IN THE ARTICLE ABOVE ARE PERSONAL AND HAS NOTHING TO DO WITH ANY PERSON, PLACE, ORGANISATION OR ANY OTHER FALLING UNDER THE DEFINITION OF ‘PERSON’ UNDER INDIAN PENAL CODE, 1860.

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Location: Mumbai, Maharashtra, India

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