What if some person defamed ; himself contribute to his defamation?see details,India...?
Suppose some man sends an insulting letter containing unfair comments ; to some coworker 'G' at his home.G gets hurt after reading that.
G goes out & shows that letter to his family , friends & a group of people.
Now can G prosecute that man who send that letter ; under provision of defamation in India?
Answer:
Please read Section 499 of the Indian Penal Code. The bare act is available online:
http://chddistrictcourts.gov.in/the%20in...
http://indiacode.nic.in/qryactshtitle1.a...
Basically Sec.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 person.
On this basis i.e. "whoever ....makes..", G could obviously file a complaint u/S.499 IPC. If a prima facie case is made out the Magistrate would issue Process - either directly or after police enquiry. Thereafter, it would be for the Accused to claim his innocence under any of the 9 Exceptions to Sec.499 or in any other way. Assuming the person admits authoring the letter, you would merely have to prove that the defamation was done with mens rea i.e. with intent to injure. The Supreme Court has held that truth is not a defence in defamation cases especially when it is out of context, even a truthful but defamatory statement is held to be made with "actual malice".
If G wants to file a case of civil defamation, he would have to pay court fees in proportion to the damages claimed. I am not a lawyer but I have successfully prosecuted in person, two people u/Sec.499 & 500 IPC, that is why Im giving you my practical information. Both these people went (unsuccessfully) in Revision and Writ Petition, so I got the opportunity to thoroughly study all the case law on the subject of defamation !
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You can get your answer from Section 501 of IPC which states "whoever prints or engraves any matter knowing or having good reasons to believe that such matter is defamatory of any person, shall be punishable with simple imprisonment for a term which may extend to two years, or with fine or with both.
Section 499 of IPC defines what is defamation. It states that whoever, by words either spoken or intended to be read, . makes or publishes any imputation concerning any person to harm . is said to defame that person.
Hence G can prosecute the other person.
Of course YES.
Yes it is possible. Writing a letter is ones private matter and nobody can enter in that boundary. It is civil crime. You can put case against the party with a proof. Yours VRVRAO
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