Ways to file defamation case against public servant?
Defamation is an act of communicating any false statement or information about a person that results in lowering the reputation of that person in the eyes of a third person. It can be oral which is also known as slander or it can be written which is known as libel. It can be a tort or a crime so the victim can file a civil case or a criminal case. Harm to a person’s reputation is also considered as injurious under section 11 of Indian Penal Code, 1860(hereinafter IPC), that’s why defamation is also a harm for which remedies are provided under Code of Civil Procedure (hereinafter CPC) or Code of Criminal Procedure (hereinafter crpc).
Types:
- Slander: It is also called verbal defamation. Anything said or any gesture made defaming a person would be called slander. For example A told B in the presence of C that someone has stolen the watch while looking at C. If this statement is made by A knowing that it is false, then it will amount to defamation.
- Libel: It is a type of defamation which has permanent representation. Anything written, engraved, printed or picturized will be regarded as libel.
Under the law of torts, slander is only active in cases of special damages, but libel is actionable per se while in criminal law there is no difference between slander and libel. Both are punishable per se under section 500 of IPC.
Law:
Section 499 of IPC defined defamation. It states that anyone verbally or with written representation makes any imputation about anyone with the intention or knowledge or with reason to believe that the statement will harm that person’s reputation in the eyes of a third person is said to commit the offense of defamation. There are certain exceptions which are:
- Imputation of truth which public good requires to be made or published.
- Public conduct of public servants.
- Conduct of any person touching any public question.
- Publication of reports of proceedings of courts.
- Merits of cases decided in the Court or conduct of witnesses and others concerned.
- Merits of public performance.
- Censure passed in good faith from person having lawful authority over another
- Accusations preferred in good faith to authorized persons.
- Imputation made in good faith by a person for protection of his or other's interests.
- Caution intended for the good of the person to whom conveyed or for public good.
Section 199(2) of Crpc talks about defamation of public servants. It states that if the offense of defamation is committed against a person who at the time of such commission, is the President of India, the Vice- President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions then in such cases public prosecutor will file a complaint in court of session and court of session will take cognizance of offense without any committal.
Procedure:
Civil law: If any civil suit is to be filed, then the provisions of the CPC will apply. In cases of suits by or against public servants in their official capacity, provision of Sections 79-82 and Order 27 of the CPC would apply. The first step in the process of filing a suit in this case is service of notice of 2 months to the defendant. According to Section 80 of the Code of Civil Procedure, 1908, a plaint cannot be filed in a court of law until two months have passed since the date that notice was served on government authorities. This gives the time for public officials to rectify their mistakes.
After the expiry of two months if the aggrieved party wishes to file the suit in the Court, he or she would need to produce a written statement stating the way in which the notice was served. In every lawsuit brought against the government, the court must help the government reach a settlement with the private party. The government will be allowed a proper and fair amount of time to file the Written Statement.
Under section 81 of the CPC, the court can grant exemption from appearance in the court to public servants. The property of a public servant has also been exempted from attachment in execution of a decree. Moreover, under section 82 of the CPC, a decree passed against public servants would not be executed in 3 months from the date of decree.
Criminal Procedure: Section 197 0f Crpc deals with the cases where an offense has been committed by a public servant while acting or purporting to act in the discharge of his official duty. In such cases the previous sanction of the central government or state government is required. The jurisdiction in cases of defamation is where the cause of action has arisen. For litigating any suit appointment of a lawyer is necessary. For example, if the cause of action has arisen in Gurgaon then lawyers in gurgaon should be appointed. If it has been committed in Ghaziabad then a lawyers in ghaziabad should be appointed and if it has arisen in Mumbai then a lawyers in Mumbai should be appointed.
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