How to file defamation suit if address of the party is unknown

680 votes

MYSELF SUGGEST YOU TO REGISTER FIR FIRST AND MAKE DEFAMATION SUIT AFTER THE ORDERS OF THE RESPECTIVE COURT OR PRIVATE DEFAMATION SUIT WILL BE FILED ONLY ON BASIS OF PROOF OF DEFAMATION. THANK YOU. ADVOCATE SUBODH INGOLE.

Advocate Subodh Ingole LawRato

973 votes

You can file a criminal defamation complaint under the Sections of the BNSS at the jurisdictional Magistrate’s Court based on the accused’s last known permanent address. The police can trace their current location.

Advocate Devang Manjrekar LawRato

763 votes

You can still file a criminal defamation case under Section 354 of the Bharatiya Nyaya Sanhita (BNS) even if the accused frequently changes residences. You can file a private complaint before the Magistrate under Section 208 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), in the jurisdiction where the defamatory act took place or where you reside. Since the accused’s current address is unknown, you can mention their permanent address in the complaint. The court will issue summons based on that address. If the accused evades service, you can request substituted service, such as newspaper publication. You can also ask the court to direct the police to investigate and locate the accused’s current address. If the accused continues to evade proceedings, you can request a non-bailable warrant under Section 84 BNSS or ask the court to declare them as a proclaimed offender under Section 82 BNSS. Before filing the case, you should send a legal notice to the accused’s last known address, which can serve as proof of evasion if undelivered. You may also request electronic service of summons via email, WhatsApp, or social media. Let me know if you need help drafting the legal notice or complaint.

Advocate Rohan Venkatesh Yemul LawRato

712 votes

Don’t worry, we can still file the case using their permanent address. If they try to dodge summons, the court will issue warrants, and if they keep running, we’ll push to declare them absconding. Once that happens, their name goes public, and their property can even be seized if they don’t show up. Changing houses won’t save them, once we get the process rolling, they’ll have no choice but to face the case.

Advocate Vishaal Gidwani LawRato

819 votes

You have mentioned that you know the permanent address of the person against whom you want to file criminal defamation. We can proceed with permanent address. Since, it’s a criminal matter there are certain things which we consider. Also, you should avoid any technical delay from your end and proceed immediately to make strong grounds of defamation.

Advocate Anubha Singh LawRato