Legal Question in Personal Injury in India
can I sue someone ( my relative, brother in law) as he is found (with evidence ) writing email to some other party with indecent and defamatory language and unfounded facts concerinng me. If yes, under what section, and how much time will take for a final verdict/ judgement in the court proceedings. If found guilty, what is the nature and quantum of punishment.
2 Answers from Attorneys
The remedy is two fold. One, Criminal, under sec 499 IPC and the other Civil for damages. But the facts revealed by you do not show the second ingredient of defamation. The most important ingredient which you have to show is the impact of defamatory language on your reputation. If other party or parties, to whom the email etc. is being sent, do not react to any such email or there is no impact on your reputation - there will be no defamation as contemplated under the law.
unless you reproduce the contents of the email, it is not safe to suggest you to go for any litigation concerning the defamatory material. you might end up wasting your time and money.
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