650+ Lawyers are online 
IN OUR SOCIETY OUR SECRETORY HAS FILED DEFAMATION CASE AGAINEST
11-Jan-2025 (In Criminal Law)
IN OUR SOCIETY OUR SECRETORY HAS FILED A DEFAMATION CASE AGAINEST ANOTHER MEMBER IF JUDGE FINDS HIM GUILTY WHAT IS THE MINIMUM PUNISHMENT HE CAN GET?
If the accused is found guilty, the punishment includes simple imprisonment for a term which may extend to 2 years, or a fine, or both. There is no minimum punishment specified; it is at the discretion of the judge based on the facts and circumstances of the case.
Helpful?
Adv. Devang Manjrekar
Mumbai | 5+ Answers
Chat
The BNS's Section 356 specifies the penalties for criminal defamation. It states that:Â
Anyone who prints or engraves defamatory matter, knowing or having good reason to believe it is defamatory, can be punished with up to two years in simple imprisonment, a fine, or both.
Anyone who sells or offers for sale any printed or engraved substance containing defamatory matter, knowing it contains such matter, can be punished with up to two years in simple imprisonment, a fine, or both.
Anyone who prints or engraves defamatory matter, knowing or having good reason to believe it is defamatory, can be punished with up to two years in simple imprisonment, a fine, or both.
Anyone who sells or offers for sale any printed or engraved substance containing defamatory matter, knowing it contains such matter, can be punished with up to two years in simple imprisonment, a fine, or both.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
Chat
The situation involves a defamation case filed by the secretary of a society against another member. Defamation, under Indian law, can be either civil or criminal. The minimum punishment for defamation, if the judge finds the defendant guilty, depends on the nature of the case (civil or criminal) and the specific provisions of the law applicable.
Recommended Next Steps:
Consult a Lawyer: Immediately consult with a lawyer who specializes in defamation cases to understand the legal implications and the best course of action.
Understand the Charges: Clarify whether the case is civil or criminal defamation to determine the potential minimum punishment.
Gather Evidence: Collect all relevant evidence and witnesses to support the defense or to prove the case, depending on the party's role in the litigation.
CRITICAL DISCLAIMERS:
This analysis is for informational purposes only and should not be considered as personalized legal advice.
Recommended Next Steps:
Consult a Lawyer: Immediately consult with a lawyer who specializes in defamation cases to understand the legal implications and the best course of action.
Understand the Charges: Clarify whether the case is civil or criminal defamation to determine the potential minimum punishment.
Gather Evidence: Collect all relevant evidence and witnesses to support the defense or to prove the case, depending on the party's role in the litigation.
CRITICAL DISCLAIMERS:
This analysis is for informational purposes only and should not be considered as personalized legal advice.
Helpful?
Adv. Joyson Pereira
VasaiVirar | 25+ Answers
Chat
In case the Judge finds him guilty and convicts him then the punishment will be ‘simple imprisonment for a term which may extend to two years, or with fine, or with both or with community service’ as per BNS
Helpful?
Adv. Rahul Pardeshi
Pune | 5+ 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."
