Social media defamation. Howto proceed ?

849 votes

File a complaint in your nearest police station and know more about defamation before filing it and collect all the evidence by taking print out and a screen shot of the defamatory content. Also now a police is very active on social media via their own official social media accounts like facebook pages and twitter handle. inbox and tweet them too.

Criminal defamation provisions are read in conjunction with the procedural requirements laid down in the Code of Criminal Procedure (CrPC). The offence has been categorised as non-cognisable and bailable and hence a mere filing of a police complaint by an aggrieved person does not entail arrest of an alleged offender. Therefore, a complaint is more often than not filed before a magistrate, seeking prosecution of alleged offenders and their arrest. The complainant needs to record his statement to convince the magistrate that the case warrants summons to the accused and their arrest.

Once summoned, the prosecution is set into motion and at this stage, it becomes imperative for the accused to move for bail before the magistrate. If the complainant succeeds in establishing a prime facie case, the trial proceeds, otherwise the accused are discharged without being sent for a full-fledged trial.

Advocate Mirza Faizan Assad LawRato

569 votes

Cyber cell of the commissioner office at your location can help u file a case against your wife just make a details application with the required proofs attached rest assured they will call your wife and may file a case or warn her for dire consequences

Advocate Ravi Jadhav LawRato

755 votes

A cyber crime complaint has to be filed along with an FIR for cyber defamation, and also a retraining order can be obtained from court against your wife along with an order directing the social media websites to take down the defamatory posts against you. You can contact me to pursue this course of action.

Advocate Puneet Bhasin LawRato