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Need help regarding defamation suit


20-Jun-2023 (In Criminal Law)
Respected sir/madam.A false case filled u/s 506&509.recently i got acquittal.The news is published in district eddition newspaper and my name is defamed intentionally by the petitioner.I want to file a defamation suit for rs.10,00,000 in a district court.what would be the courtier??
Answers (1)

Answer #1
670 votes
you can file suit for damages against the petitioner for having made false complaint against you

2) court fees is state subject and varies from state to state

3) court would not refund your court fees if you lose the case .

4) you can file private complaint of criminal defamation before magistrate under section 500 of IPC . limitation period is 3 years

5) Supreme court has held in the case of Surinder Mohan v. Asharaj 1978 (2) SCC 403, that the limitation shall commence from the date on which the accusation has been made and not from the date of acquittal in the criminal case

6) under section 473 of Cr Pc any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice."

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