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possibility of criminal defamation case due to false complaint


02-Mar-2023 (In Criminal Law)
Sir, (1) One SC category person filed a complaint against me with SC/ST Commission of India, DCP conducted inquiry and held that the complaint could not substantiated as complaint was made to pressurize me to withdraw court cases that I had earlier filed against that SC person and were pending. (2) That SC person filed again filed his 2nd complaint to Parliament of India against me alleging use of caste based remarks for her. Through Ministry of Home affairs, Delhi Govt. Director of my depart came to my district and an inquiry was conducted against me. In the inquiry report said complaint was found false. Now on the basis of these two complaints can I file a case of Criminal Defamation u/s 499/500 IPC against that SC person or the only remedy for me was to file case for damages for malicious prosecution. Please advice. Regards
Answers (2)

Answer #1
712 votes
Dear Client
Yes on the basis of these two reports you can most definitely file for defamation, both criminal as well as civil. Under civil defamation and malicious prosecution you can ask for compensation and damages and under criminal defamation trial will be conducted and the respondent/opposite party can be jailed for two years and fined if found guilty. You have a good case, you may contact further for all kind of legal aid and advice.
Advocate Mrinmoi Chatterjee

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Answer #2
263 votes
Defamation in criminal cases is not a recognized offence. This means that police officers cannot arrest anyone without a warrant. The Indian Penal Codes Section 500 can result in a sentence of up to two years imprisonment or a fine or both for the person who makes false accusations.
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