Can We File Both Civil And Criminal Defamation On Same Incident

Dear Sir, 1) DEFAMATION CASES ARE OF TWO TYPES, CRIMINAL AND CIVIL. 2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation. 3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone. Here, court fees are NOT required at The level of a civil case. At the end of case, court punishes offender if defamation is proved. 3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved. Difference between Criminal and Civil Defamation Next to life, what man cares most about is his/her reputation.Defamation means the offense of harming a person’s fame, character, or reputation by using false and malicious statements. Generally, defamation requires that there is a false publication about the defamed person without his/her consent. Unlike many countries in the West and near home, such as Sri Lanka, defamation in India is both a Civil and a Criminal offense. Defamation as a Tort or a Civil Offence Civil Defamation under the Law of Torts focuses mainly on libel (i.e., written defamation) and not on slander (i.e., spoken defamation). An interesting aspect of Civil Defamation or defamation as a tort is that it is only wrong if it is of a nature that harms the reputation of a person who is alive. In most cases, it translates to saying that a deceased person cannot be defamed, since as a general rule, the person defamed must be able to prove that the defamatory words referred to him/her. To establish that a statement is defamatory or libelous, it must prove to be: 1. False, 2. Written, 3. Defamatory, and 4. Published Defamation as a Crime or a Criminal Offence Defamation is defined as a criminal offense under Section 499 of the Indian Penal Code,1860. It is the act of communicating something negative or damaging about the second party and implying that it is true when it is false in reality. This communication may be verbal or written and applies to any form of media. The second party may be one individual, a group of people, a business, or an organization. The types of insult may also be known as Slander or Libel. A slander is a form of defamation that is communicated verbally. Libel, on the other hand, is that form of insult which is represented in a pictorial or a

Dear client, In your situation, you can consider both civil defamation and criminal defamation lawsuits against the person who spread false information about you. Here's a breakdown of each option: Civil Defamation: Aims to recover damages caused by the reputation harm. You would need to prove: A false statement was made about you. The statement was published (shared in the WhatsApp group). The statement damaged your reputation. The person who made the statement knew or ought to have known it was false. If successful, you may be awarded compensation for financial losses and reputational damage. Criminal Defamation: Aims to punish the person who made the false statement. Defined under Section 499 of the Indian Penal Code (IPC). You would need to prove: A false imputation was made about you. The imputation was intended to harm your reputation. The person who made the statement knew or had reason to believe it was false. Punishment can include imprisonment up to two years or a fine, or both. Choosing Between Civil and Criminal: You can pursue both civil and criminal defamation simultaneously. Consider your goals: If you want compensation for the damage caused, civil defamation might be more suitable. If you want to see the person punished, criminal defamation might be a better option. Additional Points: Evidence: Gather evidence like screenshots of the WhatsApp messages and any witness statements to support your case. Time Limitation: In India, there's a one-year limitation period to file a defamation case from the date you became aware of the defamatory statements.

Yes you can file the both.

Both

Yes, You can File Suit for defamation as Criminal complain of defamation in court through lawyer.