Justice Dhingra Explains Defamation – 2009

Justice Dhingra explains defamation in this judgment. In other words, he explains the meaning of defamation and when to file or not file for defamation.

7.Under law of defamation, the test of defamatory nature of a statement is its tendency to incite an adverse opinion or feeling of other persons towards the Plaintiff. A statement is to be judged by the standard of the ordinary, right-thinking members of the society at the relevant time. The words must have resulted in the Plaintiff to be shunned or evaded or CS (OS) 569.06 Prof. Imtiaz Ahmad vs. Durdana Zamir regarded with the feeling of hatred, contempt, ridicule, fear, dislike or dis- esteem or to convey an imputation to him or disparaging him or his office, profession, calling, trade or business. The defamation is a wrong done by a person to another’s reputation. Since, it is considered that a man’s reputation, in a way, is his property and reputation may be considered to be more valuable than any other form of property. Reputation of a man primarily and basically is the opinion of friends, relatives, acquaintance or general public about a man. It is his esteem in the eyes of others. The reputation spread by communication of thought and information from one to another. Where a person alleges that his reputation has been damaged, it only means he has been lowered in the eyes of right thinking persons of the society or his friends/relatives. It is not enough for a person to sue for words, which merely injure his feeling or cause annoyance to him. Injury to feeling of a man cannot be made a basis for claiming of damages on the ground of defamation. Thus, the words must be such, which prejudice a man’s reputation and are so offensive so as to lower a man’s dignity in the eyes of others. Insult in itself is not a cause of action for damages on the ground of defamation.

In the event of the lodging of a false complaint, he explains what action to take:

Whenever a person makes a complaint against someone to the lawful authorities and in that complaint he makes imputations against the person complained of, it cannot be considered that the person has publicized or publicly made defamatory averments against a person. If a prosecution is initiated against the person on the basis of such averments and the person is acquitted holding that the complaint was false, then only a cause of action arises against the complainant for launching a case for false prosecution or for damages on other grounds. Until and unless a competent court holds that complaint was false, no cause of action arises.

Here is the judgment IA No.10367/2007:

J Dhingra-Explains-Defamation-2009

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10 Responses to “Justice Dhingra Explains Defamation – 2009”


  1. 1 mona malhotra July 26, 2010 at 11:28 am

    HHJ Dhingra – Thank you for posting the above explanation on when to file Defamation, however, to prove a complaint false and then react would take an inordinate amount of time, effort and cost. As a practicing advocate the defamation is immediate in cases of matters that are subjudice the entire court in some cases 2-3 courts are aware of the imputations made against reputation, therefore, what is your advise in such a case, specially when IPC lays the burden on the Accused to prove the Exceptions to s 500 IPC, can a complaint not be filed concurrently, thanking you, adv. mona

    Like

    • 2 darmarao loknath November 14, 2010 at 5:01 pm

      respected HJ Dingra sir, please gide/advice me
      * My wife died of Blood cancer in hospital Hyd, Andhrapradesh 17th May 2003
      *my inlaws filed falls 498a on 19th may 2003
      *still it is manifestly running in court at hyd
      *I submitted all the facts to the court
      *case is at the stage has to go for final arguemants
      *petitioners are highly influential now they reopened it for getting evidence which they says could not find before and find now
      *I am an NRI and Doctor by profession in middle east
      *please advice me in this stage what best shall i do for getting ends to the justice
      *guide me for the future course of action
      *shall i highlight the facts which i submitted to the court like hospital discharge summary, me and my late wife passport documents etc. as proofs as contempt of court through petition
      suggested by some from their experience and its value in the vision justice. Regards Dr Rao

      Like

  2. 3 ramakrishna a September 6, 2010 at 5:05 am

    Respected sir
    My wife has committed suicide on 4th December at that time i am not at home, she give a statement top hte police against his fathers house owners, after two days i reach my wife at the hospital, after two days doctors says to me your wife cannot survival,she died with in months, my wife father litigant fellow, after haired doctor statement he maintained police and he create a statement against me ,my sister and my wife fathers house owners, the police has field a fir on the 4 accused, after field fir the police cannot compare with the first statement and second statement, finally the police refereed to magistrate for dying declaration, in that dying declaration she has give a clean chit to me and my sister, after dearth of my wife, his father, mother and brother giving a statement with all false news to the news papers. this is the actual happens so please guide to me how to quash this fir and what is the re sours to claim a defamation suit against my wife father, mother and brother.

    Like

  3. 4 Aloke September 8, 2011 at 11:51 am

    Dear,

    My marriage was an Love marriage, October 2011 (Arya samaj).Later my parents accepted the marriage and performed two wedding dinners in November 2011 (Arya samaj) and in December 2011 wife filed a dowry harrassment case against me and my family memebers – post this she filed a Domestic violence case too, now she filed maintenance case asking for a monthly maintenance of 25,000 and 15,000 for litigation expenses.(My salary is 50,000 P.m CTC)
    I’, only one to my parents (Dad he is Retired ) and my mother is an heart patient.

    Infact my wife was on the job till March 2011. drawing a salary of 25,000 P.M.
    Sir please i need your guidance – Mobile number : 8106999579

    Sir im heading towards no where.

    Like

    • 5 Dr. Chiran January 14, 2012 at 8:05 pm

      Did you get summons from the Court.
      If its a love marriage, what happened in a months time between you and your wife.

      call me to didcuss
      My. mobile# 957 374 3073

      Like

  4. 6 B Rai March 3, 2012 at 9:27 am

    Sir, …. on 6th Oct 2011 One person living in our society broke my door, enetered forcefully, and beat me…. subsequent to the same I filed FIR
    (Sec. 452/323/294/506) with concerned police station … wherein my medical was done for the injuries i sustained on face. Subsequently the same person thru his driver ( belonging to SC/ST) filled a written complaint on 11th oct 2011 in the Under SC/ST police station regarding abuse against me & my wife… on enquiry the same complaint was found to be false and was subsequently closed. Again the same person thru his driver filled a written complaint against my wife in SC/ST police station of abuse and threatening … which on enquiry by the Officer was found to be false and was closed. Can we file a defamation case againt the driver and the people who have given false statements based on these two complaints filled by the accused and his driver.

    Like

  5. 7 Moomin Ahmad Dar March 27, 2013 at 1:49 am

    our nuighbour abused us in public and threatened us to kill by axe and using high tension current only on the issue of boundary dispute of our farmland. he denied any measurement of the fields. CAN WE FILE DEFAMATION CASE against him, we seek your kind advice. please reply immediately.

    Like

  6. 8 automatic door closer October 9, 2014 at 7:18 pm

    I’m amazed, I have to admit. Seldom do I come across a blog that’s equally educative and interesting, and without a doubt, you have hit the
    nail on the head. The issue is an issue that not enough people
    are speaking intelligently about. I’m very happy
    that I came across this during my search for something
    concerning this.

    Like

  7. 9 gp mahanty July 14, 2015 at 2:04 pm

    my daughter in law filed 498A against my son me ,my wife and my daughter. After harassment of 11 and 1/2 years we were acquitted. Later my daughter-in-law law filed 125 Cr PC after 10 years of her leaving matrimonial home and got order for maintenance. After 14 years of leaving matrimonial home she filed DV case. Can I file criminal defamation case and civil damage case both against my daughter in law and her parents and brother. If yes kindly help with case law. Thanks

    Like

  8. 10 Advocate March 28, 2016 at 7:03 am

    Query: My friend’s wife filed FIR u/s 406, 114 IPC and later it was proved false and my friend and his parents were acquitted and proved “not guilty”. They now want to teach a lesson to the wife for lodging false FIR, so no one misuses provisions of law. My question is:

    1. which courts have the jurisdiction to hear the case?
    2. friend lives in a different city from his wife, so in which city to file case?
    3. Under which laws, can my friend file suit for damages, defamation and mental harassment?
    4. How to decide the amount for defamation and mental harassment?
    5. If amount is not payable, then is imprisonment to the friend’s wife an option?

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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