Can defamation case be filed for character assassination

719 votes

Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man.
If defamation occurs in spoken words or gestures (or other such transitory form) then it is termed as slander and the same if in written or printed form is libel.
Make sure that the act of the alleged accused should be in public (in case of verbal) or published (in case of written i.e it should be communicated to the third person).
Defamation in India is both a civil and a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. Therefore, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed). The accused also has a right to seek bail. Further, the charges can be dropped if the victim and the accused enter into a compromise to that effect (even without the permission of the court). Defamation as a criminal offence is listed under section 499 of the Indian Penal Code. The punishment, mentioned under section 500, can extend upto simple imprisonment for a term of two years, or with fine, or both.

Advocate Siddhant Sharma LawRato

872 votes

Please be more specific of 'character assassination'.

Suit for damages (compensation) for defamation and criminal proceedings u/section 499 and 500 IPC are maintainable if the alleged defamatory content is false in nature and has been published.

Advocate Prabuddha Sharma LawRato