Section 498A ,304B&420 has been registered on me .But it is a false
05-Mar-2023 (In Criminal Law)
If I prove that am innocent .can I put Deformation case against them,and which punishment will be given to them.
Dear Sir,
You can get rid of above proceedings either by filing quashing petition under Section 482 of Cr.P.C before High Court or discharge application under Section 239 of Cr.P.C before Trial Court. Soon you get a favorable verdict in the above proceeding then you can file defamation case under Section 499 and 500 of IPC which is as follows:
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Section 500 in The Indian Penal Code
500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
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Section 499 in The Indian Penal Code
499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputaÂtion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceÂful.
You can get rid of above proceedings either by filing quashing petition under Section 482 of Cr.P.C before High Court or discharge application under Section 239 of Cr.P.C before Trial Court. Soon you get a favorable verdict in the above proceeding then you can file defamation case under Section 499 and 500 of IPC which is as follows:
=====================================================================
Section 500 in The Indian Penal Code
500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
=====================================================================
Section 499 in The Indian Penal Code
499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputaÂtion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceÂful.
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