Defamation is a serious offence against a person’s reputation and several kinds of harms, including emotional insults and monetary losses. Therefore, once allegations of defamatory statements are made against any person, the aggrieved person needs protection for his or her reputation, and redressal by way of legal action becomes necessary. Since this guide provides a step-by-step outline regarding filing a case of defamation, a general understanding of the main issues and procedure in that regard can be obtained. However, certain steps may be taken to ensure that the process runs smoothly by making informed decisions and under the guidance of an experienced lawyer in defamation matters—thereby ensuring a favorable verdict in one’s case.
Types of Defamation:
Based on the legal action invoked for relief in the case, defamation cases may also be classified. Thus, there are primarily two types: civil defamation and criminal defamation.
Civil Defamation: Most simply, civil defamation is referred to as such Libel cases which are primarily runnable to seek monetary compensation for the damage caused to the reputation of any person or entity. In the former case, the remedies and compensation sought are financial rather than punitive. The onus is always upon the plaintiff, a person who claims to have been defamed, to show that the words used by the accused against the plaintiff were not only false but also malicious to his or her reputation and published to a third person. Generally, civil suits for defamation are filed in a civil court, which may be a district court or a high court, and shall claim the relief of compensation in money, injunction, and an apology by publication.
Criminal Defamation: Criminal defamation is the process of seeking charges against the conduct of defamation under provisions in the criminal law. Here, defamatory statements are viewed as an offense against society, wherein the state prosecutes the accused on behalf of the victim. If convicted in a criminal defamation case, it can result in penalties and punishments. The burden of proof that the words used were defamatory and knowingly published against the reputation of the victim lies on the prosecution. The penalties in many countries for criminal defamation include fines and imprisonment, depending on the severity of the offense. Notably, criminal defamation laws and their application vary across borders.
One should seek the help of a legal expert or a defamation lawyer who can explain to them the particular laws and provisions by which civil and criminal defamation is governed in that jurisdiction, since most of these laws vary across different countries or places.
How to File a Defamation Case
Understand the Defamation Laws: The concerned Law is the Indian Penal Code, 1860.
Consult an Advocate: In case you think that your reputation has been defamed, take advice from a learned Defamation lawyer. Only they can guide and enlighten the process or give specific inputs based upon the facts of your case.
Gather Evidence: Collect all evidence which would support your claim of defamation and was made against you through written statements, social media posts and emails, or any other form of communication that defames your reputation.
Identify the Defamatory Statement: Clearly identify specifically what statements or actions a person believes are defamatory and have caused harm to his or her reputation.
Assess the Validity of Your Claim: Consider whether there has been a defamatory statement; something which is untrue, has damaged your reputation, and was published to a third party.
Identify the Applicable Court: The claimant primarily needs to find out which court is competent to take up his case against the defamation. In a civil case, it usually is the District Court or High Court, depending on the nature and seriousness of the issue.
Preparation of Legal Notice: Get a legal notice prepared by your attorney addressed to the defamer. It shall include therein the demand for an apology, withdrawal, and damages.
Serve the Legal Notice: The legal notice should be duly served to the accused. This can be served by a registered post or individually, with an acknowledgment of receipt.
Mediation: In case the accused party is ready and willing to respond positively to the legal notice, one shall consider mediation for the settlement of the dispute amicably. This can save money as well as time that will be spent in fighting a court case.
File a Complaint or Petition: If mediation fails or if the party accused of the crime does not respond, the attorney shall help in drafting a complaint or petition that will finally initiate proceedings in the court.
Provide Required Documents: You shall prepare all necessary documents required under the court procedure, including copies of all evidence, legal notice, and supporting affidavits.
Pay Court Fees: Attach the amount of the requisite court fee with your complaint or petition, as per theindicated structure of fees in court.
Case Filing: The court will assign a case number and register your case of defamation. Ensure that you get the necessary documents indicating the registration of your case.
Summon the Accused: The court will issue summon(s) to the accused to appear before the court on a specified date.
Pleadings and Arguments: Place your case before the court by filing a written statement and subsequent replies called pleadings. Your advocate will also argue your case orally before the court.
Examination of Witnesses: Provide the list of witnesses to your case to the court. Your advocate will examine those witnesses at the trial to prove the veracity and damages caused by the defamatory statement.
Cross-Examination: The accused party’s counsel will be given the opportunity to cross-examine the witnesses, with the objective of confronting their credibility and weakening your case.
Final Arguments: Parties summarize their position before the court and state legal justifications for such claims.
Judgement: The Court considers all presented evidence and arguments before it pronounces judgment for either party.
Appeal: If the case goes against either party, be it the accused or yourself, it is always open to appeal on suitable grounds in the higher court like the High Court or the Supreme Court of India.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304