what legal remedy against defamation ?

968 votes

Filing an RTI Application or repeatedly filing RTI application and seeking information is not a crime. Seeking personal information under RTI is also not a crime. It is for the PIO to decide such issues.

The act provides that an applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. The information given by the applicant in this case for contacting him is not sufficient enough to contact him and hence the communications are returned. The applicant by giving insufficient contact details forgone his own right to receive the information sent by the PIO. There is no scope to initiate any proceedings against Citizen of this country for invoking the right available to him under RTI Act.

The PIO being an officer designated as such is required to deal with all RTI requests received at his end.

Advocate Meera LawRato

880 votes

Hi Mr Kiran Bhat it's me Veda from Bangalore advocate here your question is need to file defamation right..? Civil defamation falls under law of torts. According to law of torts, in civil defamation a person is said to have defamed another person and that he has he committed a civil wrong ,or that is he has committed a tort. Criminal defamation is what comes under IPC section 499 in India . In criminal defamation a person is said to have defamed another person and that he has committed a crime or an offence . For criminal defamation a person is prosecuted. In civil defamation a person is said to have done a wrongful act of defamation. In civil defamation, that is doing a wrongful act , a fine may be imposed on the tortfeasor or compensation must be given to the person defamed. In criminal defamation, the offender shall be punished with simple imprisonment which may extend to a term of 2 years, or with fine or with both as per section 500 of the Indian Penal code

Advocate Vedashree A LawRato

838 votes

Hi,

To file a criminal complaint on the grounds of defamation, you have to establish the following
1. Existence/ publication of an imputation made by a person
2. Such works should be spoken or written or made through visible representation
3. It should have made to injure or having knowledge to believe that such word would injure the reputation of person.

If you can provide evidence that such letter has caused harm to your reputation you may sue the person.

Advocate Naman Saraswat LawRato