Defamation

Defamation is considered a form of personal or property damage punishable by law. India’s constitution grants citizens various freedoms under Article 19 (1)(a) but also imposes reasonable restrictions under Article 19(2). These restrictions include contempt of court, defamation and incitement to an offence. Defamation is a civil and criminal offence in India and is punishable under the Law of Torts and the Indian Penal Code. It is considered a bailable, non-cognizable and compoundable offence and can result in imprisonment for up to two years, a fine, or both. 

To successfully litigate a civil defamation case, there must be a false statement, the statement must be published, and the statement must be aimed at a person or class of persons. 

A defence to a civil defamation suit may include

• truth,
• fair comments made in the public interest, or
• statements made with privilege (e.g. judicial proceedings or members of parliament).

In a criminal defamation case, the accused must have intended to defame the victim or have been aware that the publication was likely to defame the victim. Section 499 of the Indian Penal Code defines defamation and its exceptions. These exceptions include statements made for the public good, opinions made in good faith regarding the conduct of a public servant or person, publication of accurate reports of court proceedings, opinions made in good faith regarding the merits of civil or criminal cases, opinions made about the merits of public performance, censures made in good faith, and statements made for the protection of the accused or the public good. 

The constitutionality of defamation laws has been challenged; however, the Indian Supreme Court has ruled that they are valid and do not conflict with the right to free speech. The court has also held that the right to life under Article 21 must include the right to reputation and cannot be violated by request to free speech.

Filing of a civil suit

A civil suit can be filed u/s 19 of the CPC, which pertains to civil wrongs done to a person. As the law of torts says that defamation is a civil wrong where the personal rights of an individual are infringed, hence a civil suit can also be initiated against defamation. The procedure is as under:

• Order 7 of CPC mentions filing a civil suit, so a suit for defamation can be filed under this.
• In civil cases, the parties to the suit are the plaintiff and the defendant.
• Civil cases must be filed in the civil courts.

Procedure

1. A complaint to the police officer mentions all the details in the diary authorised by the State Government in a non-cognizable offence.
2. The complaint is sent to the Magistrate, and with due permission of the Magistrate, the officers proceed with the investigation.
3. A magistrate can notify the accused to appear before the Court and start the proceedings.
4. Procurement of evidence and then the police file the final report with the Magistrate, which also means that the investigation has been completed.
5. The two types of final reports are:

• The closer report reveals no evidence against the said charges, and the Magistrate, based on this report, either closes the case or orders a further investigation.
• The charge sheet contains brief facts, a copy of the FIR, Panchanamas, a list of witnesses, seizures, etc., which helps the Magistrate believe that the case is genuine and contains substance.

1.  The Court takes cognizance and issues a warrant to the accused.
2. If no case is made out, then the accused person is discharged.
3. The prosecution produces the witnesses and their cross-examination.
4. The defence lawyer examines his witnesses.
5. Arguments commence, and the judge decides whether the accused must be convicted or acquitted.

Defamation can cause serious harm to an individual or business’s reputation, both personally and professionally. If you have been the victim of defamation, it’s essential to seek legal assistance to protect your rights and reputation. 

At Icon Legal Services, Our team understands the complexities of defamation cases and will work closely with you to develop a strategy that meets your needs. We’ll guide you through every step of the legal process. We’ll work tirelessly to help you achieve a favourable outcome and restore your reputation.

If you’re dealing with defamation and need legal assistance, don’t hesitate to contact us. We’re here to help you protect your reputation and ensure you receive the compensation you deserve.