Legal Question in Civil Rights Law in India

defamatory suit

My golden ornaments worth of 2 lakhs were stolen during train journey from my suit case. I have a doubt on one couple who slept near to our luggage. I want to express doubt on the couple in my statement to police. Now my question is whether there is any chance that those couple after they were interrogated by police, can file a defamatory suit against us. what should i do ? please help


Asked on 1/30/08, 5:48 am

4 Answers from Attorneys

Re: defamatory suit

It depends upon facts of the case.However,if police give them clean chit then they can file damages on the ground of false prosecution.

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Answered on 1/31/08, 12:39 pm

Re: defamatory suit

You have express doubt on the couple in a statement to police. But you have not made any allegations on them so it is not defamation.

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Answered on 1/30/08, 9:46 am
Garima Prashad GARIMA PRASHAD & ASSOCIATES

Re: defamatory suit

It is advisable that you state in your complaint the entire facts. However, in doing so, carefully give the details of all the other persons also who were present near your seat during the relevant time, including the name of the suspected couple. Just say that these people are also witness to the incident. Leave the rest to the police.

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Answered on 2/08/08, 7:41 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: defamatory suit

It depands on the degree of your complaint but yes they can file a defamatory suit against you.

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Answered on 1/30/08, 7:19 am


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