Legal Question in Criminal Law in India
Defamation suit
My brother was accused of molestaton about 13 years back & was suspended and Enquiry was ordered by Deputy commissioner.The enquiry report told that charges are untrue.an I file a defamation suit against the girl Now?
7 Answers from Attorneys
Re: Defamation suit
When was the enquiry report received and your brother can file a defamation suit if he can prove that he was defamed.
Re: Defamation suit
In a judgment of Punjab and High court it was clearly held that any complaint to higher authorities against any person if found to be false but if the publication of complaint is not made does not amount to defemation. So don't forget to prove that the publication of complaint was also made i.e. any news in news papers or any other method of publication.
Re: Defamation suit
In a judgment of Punjab and High court it was clearly held that any complaint to higher authorities against any person if found to be false but if the publication of complaint is not made does not amount to defemation. So don't forget to prove that the publication of complaint was also made i.e. any news in news papers or any other method of publication.
Re: Defamation suit
You have an alternate remedy provided under Crinminal procedure code to proceed against her for malicious prosecution, the chances of success in defemation specailly, when the other side is a girl seems difficult. For further details [email protected]
Re: Defamation suit
Please check limitation aspect.
If within limitation, your brother can file civil as well as criminal case for defamation.
Re: Defamation suit
Yes you can file a defamation suit.
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