Can I file a defamation case on my co-employees for abusive comments

682 votes

You can not file a petition of defamation in this case. But you can file a complaint under section 354/294/509 of Indian Penal Code, The Indecent Representation of Women (Prohibition) Act, 1986, Section 66-E of Information Technology Act and can also file a complaint before sexual harassment committee of your office.

Advocate Ashhar Warsi LawRato

606 votes

As you query reveals that your colleague have made illegal access on data of your and further made a theft on your data, further while using that data they cause displeasure to by sharing it and making fowl comment on it.
you should exhaust the remedy to file police complaint rather than filing the defamation suit. being an effective measure police complaint is suggested.
Section 43 This section provides protection against destruction and unauthorized access of the computer system by imposing heavy penalty up to one crore. The unauthorized downloading, extraction and copying of data are also covered under this section. Clause ‘C’ of this section imposes penalty for unauthorized introduction of computer viruses of contaminants. Clause ‘G’ provides penalties for assisting the unauthorized access.Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows
Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.Section 378 I.P.C., only refers to “Movable Property” i.e. Corporeal Property, and Data by itself is intangible, it is not covered under the definition of "Theft”. However, if Data is stored in a medium (CD, Floppy etc.) and such medium is stolen, it would be covered under the definition of ‘Theft’, since the medium is a movable property. But, if Data is transmitted electronically, i.e., in intangible form, it would not specifically constitute theft under the IPC.

Advocate Arihant Kumar Nahar LawRato

931 votes

Sir it is a police case...you should complain to police for this....and if they are not listining to you...so you can contact to me....we will do other step for them....dont worry the matter will be sort out...

Advocate Sushil Kumar Gothwal LawRato

617 votes

You dont need to worry about the proof. This is a matter of cyber crime and therefore information Technology act comes into play. Just register a FIR at your nearest cyber cell. Police will give a call to the accused and investigate the matter further. It is then his duty to show the source from where he received your images and videos.

Advocate Bhavdeep Singh LawRato