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Defamation, Damages & Compensation Laws In India

[Defamation Laws In Inda- Damages & Compensation Laws In India] 

[Civil & Criminal Defamation Laws] 

Defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and the same being published and/ or spoken deliberately, intentionally, knowingly, with an ulterior motives and malice. Any intentional false communication, either written or spoken that harms a person’s reputation and decreases the respect, regard or confidence in which a person is held is called defamation. In nutshell, defamation occurs when your character or business reputation is called into question by the publication of a statement about you. Defamation could be written and/ or verbal. Written defamation, typed material/ printed material/ images, is called Libel, and a spoken defamation is called slander. In India, a defamation case can be filed under either criminal law or civil law. Under criminal jurisprudence, the offence is compoundable. If the victim and the Accused settle their disputes out of the Court, the Court drops the case after recording their statement to that effect.  

ESSENTIALS FOR A DEFAMATION: 

  • The statement must be defamatory and the test of that statement is decided on how the public will take it as a society about that person against whom that statement is made. In case of the Ram Jethmalani v. Subramanian Swamy court held that statements made by Subramanian Swamy is defamatory where he said that Ram Jeth Malani had taken money from a banned organisation to defend the Chief Minister of Tamil Nadu in the case of Rajiv Gandhi assassination . 
  • The statement ,must refer to the plaintiff  and they have to prove that the statement which is made is defaming them. For example in the case of T.V., Ramasubha Iyer v. A.M.A Mohindeen court held that the defendants were held liable but they haven’t any intention to do so the statement mentioned that a particular person carrying business of Agarbathis to Ceylon has been arrested for the offense of smuggling. The plaintiff was also one of the person carrying on a similar business, and as a result of this statement his reputation also severely damaged. 
  • That statement must be published. In case of Mahendra Ram v. Harnandan prasad the defendant was held liable for the letter which defendant sent to plaintiff in urdu knowing that he doesn’t know urdu. 

 But there are also some particular kind of defamations here under Indian law: 

  • Libel: The defamation which is there in the written form or in the form of the printed picture is known as libel. This is defined in  the section  499 of Indian Penal Code. 
  • Slander: The defamation which is unwritten in the form by spoken words  is known as the slander. This is also there in 499 of Indian Penal Code. 

Differences in the Indian law and English Law: 

Under criminal law, only libel is an offense and not slander. Whereas in civil law, libel is an offense just like in criminal law but the change here is that slander is also an offense when provided with proof.                        

In Indian law, both slander and libel are recognized as criminal offenses under Section 499 of IPC. Whereas, in the law of torts libel is actionable per se and slander is actionable. It means in the case of  slander there has to be proof of the act of defamation. 

DEFAMATION ON THE SOCIAL MEDIA: 

As now we are in the world of internet and technology and as we now about the defamation can be written or oral and here in the world of internet we have lots and lots of applications for posting our opinions , photos ,videos but still every platform has their own guidelines. Though in recent times we have seen many cases where a single person or a group of persons or a community spreading false information  about other person or we can say indirectly defaming the other persons and in a case till the extent that they are defaming the hon’ble supreme court of India. And there is a also a case where a  standup comedian is literally  mocking on our hon’ble supreme court and it’s judges.   

But still we have provisions in Information Technology ACT 2000 it’s section 66A deals with the the word offensive in the section or we can say it is dealing with cyber defamation but a thing which is there is no action against the internet provider acc to section 79 of IT Act 2000 it is providing a safe guard to the internet providers. But this provision of safeguard is there with some condition that internet intermediaries must pay full attention to the due diligence of the application or website and they must be following the full take down procedures of that . 

There is very leading case of Shreya Singhal vs Union Of India which plays a very important role in the history of india as well as the Information Act 2000 in this case the constitutional validity of the 66A is challenged and  the court struck down the 66A of IT act. But when there is the question  of the offensive words or messages then there should be the proper checks and balance on that . 

But still there must be proper interpretation of this law of defamation because we have our article 19(1)(a) of  indian constitution which is providing us freedom of speech and expression with reasonable restrictions  and there is always a scope of harassing the normal public in the name of defamation by the authoritative persons of the country.   

Our goal at Hello Counsel is to obtain the maximum amount of claims & compensation for you in the shortest possible time. While we take up the case of our clients and get on with the legal process, we encourage them to get on with their lives. 

Claims and amount of compensation vary from case to case and person to person, depending squarely on the nature of injury one sustained and the consequent loss he/ she has sustained. The injury could be physical mental and/ or financial. 

One is entitled for compensation against an Airline if he/ she had to incur unforeseen expenses due to the cancellation, rebooking or delay of a flight. Similarly a motor accident victim’s entitlement emanates from several factors like how much he/she had to pay on medical bills, loss of his/ her limb and job etc.  

All it takes to get your claim started is just a phone call to us at Hello Counsel. Or, a two word message to us at our mobile number reading as “Claim & Compensation”. Once you called or messaged us, our legal team will take care of the rest. Our lawyer will talk you through the process of making claims for compensation, calculation & amount of compensation, at which forum your case will need to be filed, and what documents they will need from your end, etc. 

Substantial Questions Of Law 

  • Defamation, Damages & Compensation– Civil Laws  
  • Defamation, Damages & Compensation– Criminal Laws 
  • Compensation In The Following Cases: Custodial Deaths- Custodial Torture- Custodial Violence- Polices Excesses In The Lock Up- Torture In Jail- Torture In Judicial Custody- Malicious Prosecution- Rape Victims- Unscrupulous Litigants.    
  • Media & Press– Electronic & Print. 
  • Quashment– Quashing Of Defamation FIR- Quashing Of Defamation Private Complaint. 
  • Right Of PrivacyProtection Of Right Of Privacy Vis-A-Vis Defamation. 
  • Exceptions of Defamation 
  • Libel 
  • Slander 
  • Cyber Defamation 
  • Social Media Defamation 

A List Of Causes & Lis 

  • Flight Delay. 
  • Medical Negligence by doctors & hospitals 
  • Restaurant Negligence
  • Retail owners 
  • Service Providers Negligence
  • Employer for an Accident at work.
  • Motor Accident Claims 
  • Railway Accident Claims 
  • Detention Under IPC. 
  • Detention Under MISA [Maintenance of Internal Security Act, 1971] 
  • Rape Victim. 
  • Malicious Prosecution. 
  • Torts- Composite negligence.  

Governing Laws 

[Defamation, Damages & Compensation Spectrum] 

  • Indian Penal Code, 1860. 
  • Cable Television Networks (Regulation) Act, 1995 
  • Cable Television Network Rules, 1994 
  • Code Of Criminal Procedure, 1973. 
  • Constitution of India – Article 19(1)(a) 
  • IT Act 2000 [Information Technology Act, 2000] 
  • Press and Registration Of Books Act 1867 
  • Working Journalists And Other Newspaper Employees (Conditions Of service) And Miscellaneous Provisions Act, 1955.  

Indian Penal Code, 1860 

  • S-499 IPC. Defamation  
  • S-500 IPC- Punishment for defamation. 
  • S-501 IPC- Printing or engraving matter known to be defamatory. 
  • S-502 IPC- Sale of printed or engraved substance containing defamatory matter. 

Code Of Criminal Procedure, 1973 

  • S-199 CrPC- Prosecution for defamation  
  • S-203 CrPC- Dismissal of complaint  
  • S-204 CrPC- Issue of process  
  • S-205 CrPC- Magistrate may dispense with personal attendance of accused.  
  • S-207 CrPC- Supply to the accused of copy of police report and other documents.   
  • S-357 CrPC- Order to pay compensation  
  • S-357-A CrPC- Victim compensation scheme  
  • S-358 CrPCCompensation to persons groundlessly arrested  
  • S-359 CrPCOrder to pay costs in non-cognizable cases. 

IT Act 2000 [Information Technology Act, 2000] 

  • S-66A IT Act, 2000 
  • S-79 IT Act, 2000 

Courts & Fora: Damages & Compensation  

  • Supreme Court Of India 
  • High Courts Of Various States 
  • District & Sessions Judge [D&SJ]  
  • Metropolitan Magistrates [MM] 
  • Judicial Magistrates [JM]  
  • Senior Civil Judges  
  • Civil Judges. 
  • Motor Accident Claim Tribunal [MACT] 
  • Railway Claim Tribunal [RCT]. 

  

Related Links 

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