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The Constitution of India in its Article 21 has given reputation, fame, and recognition in public life an integral position in a citizen’s fundamental rights.
There are two types of defamation as recognized by the law:
- Libel, which is a published or written defamatory statement, such as a statement in magazine, print media, newspaper, etc.
- Slander, which is a verbal defamatory statement, such as that said on television, in a public gathering, etc.
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When somebody defames you in public, print, or verbally in front of others, you have the right to sue that person. A legal service can help you carry out the legal proceedings in a correct manner. On the other hand, if you are accused of defamation, in this case too, a legal service can help to defend you and guide you in the best legal discourse so that your rights are protected and justice prevails.
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Frequently Asked Questions (FAQs)
Yes. Both libel and slander are considered criminal offences under Section 499. The accused can be punished.
If proved guilty, the accused can be sentenced to 2 years of imprisonment or a fine, or both.
No. There is a time limitation for suing a person. As per the law, the time period is one year from the day the defamation act happened. After that, you cannot sue. However, if the defamatory statement is published again after one year, you can sue and you have another one year of time to do so. It is good to hire a lawyer, who can help you file a defamation lawsuit and represent your case properly.
The statement in question should be defamatory in nature, must refer to the Petitioner, and must be communicated to a minimum of one person (apart from the victim).
Defamation is a civil offence and a criminal offence. In civil law, the guilty is liable to pay compensatory damages to the victim. In criminal law, defamation is a non-cognizable offence and the case can be compounded. Under Section 500 of IPC, the guilty can be sentenced by proving that the defamation was done with an intention of a malicious motive.
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