Regarding Defarmation Case

530 votes

if 138 case has been activated the New York to file for appeal and session court itself if you want to file defamation case for regarding the tissue you have to file the court will consider the matter if you want to file for defamation case

Advocate Shankar Bandi LawRato

505 votes

Dear Sir, Penal Provisions for the Persons lodging false F.I.R: The Persons lodging false F.I.R are liable for the punishment under the following provision: 1.False Information under Section 182 of Indian Penal Code: -According to this section; if a person gives information, to magistrate or police or any other government official, which he knows to be false, with intention to cause that public servant to take such actions which cause injury or annoyance to any person, shall be punished with imprisonment up to Six months, or Fine upto One thousand rupees or both. 2.False Charge of offence made with intent to injure under Section 211 of I.P.C: -According to this section; if a person with intent to cause injury to any person, institutes a criminal proceedings or falsely charges any person if an offence, knowing that there is no sufficient ground for such criminal proceedings or charges, such person shall be punished with imprisonment upto 2 years, or with fine, or both; If such criminal proceeding be instituted on a false charge of a offence which is punishable with death, imprisonment for life or for seven years or more, than the person making such false chargesshall be punished with imprisonment which may extend to seven years and shall also liable for fine. 3.Framing of incorrect document by Public Servant to cause Injury under Section 167 of I.P.C.: -According to this section; if a public servant knowingly submits a false document with the intent to cause injury to any person with that false document; shall be punished with imprisonment upto 3 years, or with fine, or both. 4.Criminal Defamation under Sections 499 r/w 500 of I.P.C.: -Apart from above remedies, the person against whom the false F.I.R was lodged, after getting acquitted from that false case or after getting the F.I.R quashed, can file a criminal defamation case against the person who has falsely implicated him in the previous case, shall be liable for imprisonment upto 2 years, or with fine, or with both, under section 500 of the Indian Penal Code, 1860. Steps taken by legislature in India to tackle cases of False F.I.R.: According to 192nd Report of the Law Commission on ‘Prevention of Vexatious Litigation'have suggest that the central should implement Vexatious Litigants Act, in which it was pointed out that the Vexatious Litigants Act has beenal ready implemented in former state of Madras and State of Maharashtra, under which a person who is repeatedly registering false cases against other person would be barred from making a direct complaint of an offence and could only be allowed to make complaint after getting the approval from the respective High court.

Advocate Kishan Dutt Kalaskar LawRato

606 votes

Hi.. first we have to see the nature of case which u filed against him but normally after closing of the case it's very rarely that someone thinking to file defamation case against complainant and to attract the defamation he have to full fill certain conditions strictly. Thank you

Advocate Rama Chandra Shenoy LawRato