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can a defamation case be filed on basis of watsapp chats
08-Jul-2023 (In Criminal Law)
Can anyone file a defamation case in court on the basis of whatsapp's status screenshots ( but the name or relationship or anything else related to complainer is not mentioned in the status)? Is this admissible in court or the case will be dismissed?
The definition of defamation clearly states that, " ....by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation.... "
This anything sent on what's app which harms the reputation can definitely come under purview of defamation.
In this context lots of question arise also
Like what type of status or comment shown there
For further query you have to contract with advocate
This anything sent on what's app which harms the reputation can definitely come under purview of defamation.
In this context lots of question arise also
Like what type of status or comment shown there
For further query you have to contract with advocate
Helpful?
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Adv. Lucky Mukherjee
Kolkata | 25+ Answers
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Can defamation be in private conversation?
You cant sue someone for defamation unless and until they say something untrue, unfounded or in public. Its not defamation if the words are just part of a private dispute between two people. Have you ever sued someone for defamation before?
What is the punishment for online defamation?
INDIAN LAWS REGARDING INTERNET DEFAMATION
Section 500 of the Indian Penal Code[3] : Anyone who violates Section 49 or is found to have violated it, will be charged with this section, i.e. Section 500. This section mentions the punishment. The offender will either be jailed for two years or fined, or both.
Can WhatsApp messages be used for defamation?
Defamation is defined as any message sent via Whats App that damages the reputation of a person (backed up by S. 66 IT Act and Indian Evidence Act). The punishment can be imprisonment for 2 years, fines or both. Ajay Sethi is available NOW to help you!
Can defamation be against a group?
The act of falsely making damaging statements about an entire group or class of individuals, rather than a single person, is called group defamation. The jurisdiction determines whether a class or group of people can sue for defamation. 05-Jun-2023
Please bear mind, lodging a complaint with the appropriate authority, based on which a criminal proceeding is initiated is the Constitutional right of every citizen of India. No one can stop anyone from lodging a complaint. Since your matter relates to defamatory statements, the actual test will be examined in the court of law; to what degree such defamatory comments had hurt the reputation and dignity of a person, even though such event took place in whatsapp. However, at this moment it’s difficult to advice you unless you send me the content of the entire WhatsApp conversation which had led to the filing of defamation case. Also the name of person to whom it was addressed? Who were the audiences were to such conversation. All this have to be carefully scrutinized before giving an appropriate advice. Whether there is a chance to quash the entire proceeding under section 482 CrPC is also to be looked at.
Helpful?
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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