Procedure to File a case of Defamation/ Maanhani

According to section 499 of Indian Penal Code, 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 expected, to defame that person.

Defamation is the making of a false statement concerning a person or business that damages that person’s or business’s reputation. If a false statement is made and that person or business’s reputation is damaged, there can be legal consequences for the person who made the statement.

Defamation applies to both written and oral statements that are published to third parties. Publication includes the posting of material on the Internet. Defamation can either be a statement that is verbal or written.

If a defamatory statement is made verbally, it’s called slander.

If a defamatory statement is published in writing, it’s called libel.

Elements of a Defamation

The statement should be false- The statement is true, the person making the statement will be protected from liability.

The statement should not be privileged- In many situations were a statement may be protected by privilege. For illustration, if the statement repeats material from a court proceeding, or other public documents, the statement is privileged. Privileged statements are not subject to liability in any lawsuit.

The statement should not be an opinion- The statements that cannot be proven to be true or false and are opinion cannot for the basis of a claim for defamation. If a statement can be proved or cannot be proved by objective fact and the statement is false, a person may be liable for defamation.

The statement should be “published” - Statement must be heard or read by someone other than the person the statement is about. For illustration,if the e-mail is sent to co-workers, friends, or is posted for others to see on the internet, then this likely qualifies as publication for purposes of defamation.

The statement should actually cause reputation damage- The statements about someone that would make others not want to associate with them, accuses them of a crime, concerns a person being unchaste or having a loathsome disease, are all examples of defamatory statements that cause actual reputation harm.

The statement should be believable by a reasonable person- In case if one cannot seriously believe the statement was true, it does not constitute defamation.

Exception in case of Section 499 includes:-

Defamation statement must be in a spoken or written or published or visible manner and must be false and injured directly or indirectly to the reputation of an individual or his family members or caste and lowers the moral of the victim and statement is unprivileged statements. Following Statements can’t be considered as defamation

Any truth statement made in public interest;

Any opinion given by the public in respect of conduct of a public servant in discharge of his functions, his character appears;

Conduct of any person touching any public question;

Publication of any proceedings of courts of justice including any trial of court and judgment.

According to Section 500 of Indian Penal Code, the punishment for defamation, i.e.: “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”

In India, defamation is both civil and criminal offence. The remedy for civil defamation is covered under the Law of Torts. In a civil defamation case, a person who is defamed can move either High Court or subordinate courts and seek damages in the form of monetary compensation from the accused ( As per the pecuniary jurisdiction of courts). Also, under sections 499 and 500 of the Indian Penal Code, a person guilty of criminal defamation can be sent to jail for two years.

Difference between a criminal offence and civil wrong :-

Criminal offences and civil offences are generally different in terms of their punishment. Criminal cases will lead to imprisonment as a potential punishment, whereas civil cases generally results in monetary damages or orders to do or not do something. But a criminal case, involves both imprisonment and monetary punishments in the form of fine. Crimes must be proved “beyond a reasonable doubt”, whereas civil cases are proved as “the preponderance of the evidence”.

Types of Defamatory False Speech:-

Libel and Slander Per Se

Defamatory Communication

Defamatory Opinions

Defamation of Groups or Individual Members

Defamation of Corporations and Partnerships

Truth as a Defence against Defamation

Public Official vs. Private Person

Defamation and the Defense of Privilege

Defamation of the deceased

Republishing Defamatory Statements

Liability for Repeating Defamatory Statement

Consent as a Defense to Defamation

Defamation Per Se

In some circumstances a statement will always be considered defamatory and will be assumed to harm a person’s reputation without the need to provide proof of harm. These types of statements are referred to as being defamation “per se.” Statements that qualify as being defamation per se typically involve falsely statements regarding: a criminal offense, a loathsome disease, a persons business or professional occupation or trade, or sexual infidelity/misconduct.

STEPS TO FILE A MANHANI CASE/DEFAMATION SUIT

File a written complaint in your nearest police station and it will Non cognizable report.

Non-cognizable offences are the offences listed under the first schedule of the Indian Penal Code and are bailable in nature. When an offence is non-cognizable, the police has no right to arrest the accused without a warrant, as well as they are not entitled to start an investigation without prior approval of the court. Defamation is a non - cognizable offence.

In non-cognizable offence judicial process initiates by lodging a criminal complaint with the metropolitan magistrate, who then orders the concerned police station to investigate the crime accordingly, after which a charge sheet is filed with the court, which is followed by the trial. After the trial, the court will pass orders regarding the issue of a warrant to arrest the accused.

Also file a private complaint i.e. application in Judicial Magistrate First Class’s court under S. 499 and S.500 of Indian Penal Code for defamation against that woman. Once your case will be proved in court of Law as you are innocent then she will be punished. You can simultaneously file a civil suit under Law of tort for damages.

You have to prove that there's been a statement that is all of the following (In order to prove your maanhani case in court of Law):

• The statement is published/ verbally spoken
• The statement is false
• The statement is injurious
• The statement is unprivileged