Anand Dixit
Asked March 15, 2017

False dowry case against my family

  • 1 Answer
  • 299 Views

my cousin's wife has concocted false story of dowry and entangled me and my family in that, but as she created false case so she does not have concrete evidence and witness, i have all the proofs of our innocence. Now i want to file defamation, what is the locus standing of filing defamation.

Answer 1

Defamation case can be filed when three things are established-

  • There should be an accusation- which the accuser knows is clearly false- the accuser in this case being your cousin’s wife
  • There should be publication of those accusations- that is people around know and believe the false things so said
  • This accusation has led to loss of name and reputation for you.
  • In this case, you can file a defamation case-only after the court has dismissed the case filed by your cousin’s wife and not before that- the courts judgment being a proof that the charges were concocted and false.

    In India, defamation can both be a civil wrong and a criminal offence. In Indian laws, criminal defamation has been specifically defined as an offence under the Indian Penal Code (IPC) whereas the civil defamation is based on tort law – an area of law which does not rely on statutes to define wrongs but takes from ever-increasing body of case laws to define what would constitute a wrong. Moreover, in a criminal case, defamation has to be established beyond reasonable doubt but in a civil defamation suit, damages can be awarded based on probabilities.

     

    Section 499 of the IPC defines what amounts to criminal defamation and few subsequent provisions specify what the punishment for having committed defamation would be. Section 499 states defamation could be through words – spoken or intended to be read, through signs, and also through visible representations. These can either be published or spoken about a person with the intention of damaging reputation of that person, or with the knowledge or reason to believe that the imputation will harm his reputation. Section 500 stipulates an imprisonment of up to two years, with or without fine, for someone held guilty of criminal defamation. However, criminal defamation is a compoundable offence and parties can seek a closure of the case by reaching a compromise

    Agree Comment 0 Agrees over 3 years ago

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