Udaysinh Deshmukh
Asked March 31, 2017

Defamation case against complainant

  • 1 Answer
  • 331 Views

Is Defamation case against complainant possible in IPC section 306 ?

Answer 1

It is relevant to note that such cases depend on the facts and circumstance. You can bring a suit of defamation against a living person only if you prove or show that the he/she defamed you by a false statement in the writing, which was published, whether intentionally or negligently, but the damage should have occurred to your reputation.  

The calculation of damages would depend on the scope, range and nature of publication. The statement may not be purely defamatory but if you could prove that the person tried committed suicide without any abetment from your side or that the defendant took your name just to hamper your image or prove you guilty of an offence not committed by you.

It is pertinent to note that a suit against a dead person is void. All his liabilities die along with him. It is the discretion of the court whether to substitute the original defendant with his legal representatives or not.

 

 

 

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