656+ Lawyers are online 
Defamation complaint filed against one of the karya karta
15-Nov-2024 (In Criminal Law)
I have filed a complaint aganist one of my neighbour regarding her inapprorite remarks on my charachter.
I have filed a police complaint but nothing happened.
I have reached to my lawyer for the same to file a defamation case.
But he has filed 156(3) instead of filing a case.
Is this the only procedure?
No sir. This is not the procedure. A petition under section 156(3 ) is filed against offences that are cognisable in nature. Defamation is punishable under Sec. 500 IPC and is not a cognisable offence, hence 156(3) is completely absurd here. You should have filed rather a private complaint case and/ or should have filed a civil defamation instead.
Helpful?
Adv. Puneet Srivastava
Delhi | 700+ Answers
Chat
156(3) is for the instruction to the police to file an FIR first. in case you wish to directly go to the court please ask your learned advocate to directly file the complaint in the court itself so that you can expedite the matter
Helpful?
You can file a suit for damages to claim monetary damages for the harm caused to your reputation and file injunction suit in civil court to prevent your neighbor from making further defamatory remarks or engaging in harassment.
Helpful?
Adv. Rupal Dwivedi
Delhi | 50+ Answers
CONTACT NOW
not at all!
I am unable to comprehend as to why your lawyer suggested you to approach only the police or file 156(3) instead of alongwith the Criminal action, the perfect remedy would be taking civil action and file a Defamation suit for money and also seek the restraining order against your neighbour not to defame you.
Helpful?
Adv. Yuganshu Sharma
Delhi | 700+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
