Legal Question in Criminal Law in Pakistan
How can file case against person under saction ?who blame; Hitak Izat case : if blame on mobile phone in presence of three wittnesses.
3 Answers from Attorneys
Its harrassment and people claim damages in it but its useless in small matters because our courts do not have trend of awarding same.. you can perhaps approach consumer court if the matter is against a shop keeper. For more u can consult me at [email protected]
U can file an complaint before Magistrate under criminal procedure against such person. Mobile phone is admissible evidence now a days and u hv witnesses also.
2 sections are as under PPC.
499. Defamation: Whoever by words either spoken or intended to be read, or by signs or
by visible representations, makes or publishes any imputation concerning any person
intending to harm, or knowing or having reason to believe that such imputation will harm,
the reputation of such person, is said except in the cases hereinafter excepted, to defame
that
504. Intentional insult with intent to provoke breach of the peace : Whoever
intentionally insults, and thereby gives provocation to any person, intending or knowing it
to be likely that such provocation will cause him to break the public peace, or to commit
any other offence, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both
what i gather from your question that you are interested in civil remedy, the form of honour damage may be written of spoken.so you can file suit under libel or slander.this will be your civil remedy.
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