A defamation case is one where the accused or party seeks to make a defamation case against another person in court, usually to make the other person prove the allegations made in the original complaint.
A defamation suit is an attempt to seek damages for a false statement.
The Supreme Court of India has ruled that defamation claims against politicians and public figures can be brought against each other under Section 5 of the Indian Penal Code (IPC) which makes defamation against the state and the public a criminal offence punishable by imprisonment for life.
The court had earlier held that Section 5 was “inherently discriminatory” and had no legal basis.
According to the Supreme Court, Section 5 allows a person to bring a defamation suit against a person or entity to recover damages against that person or group for “defamation of public officials, persons, bodies or organisations”.
A defamation lawsuit is a civil action under Section 2 of the IPC, which provides that any person or organisation who commits “a gross act of libel or defamation, which is likely to prejudice public morals or interest, and has caused injury to the public” must “cause damage to be suffered by the injured person”.
A case can also be brought under Section 3, which makes it a criminal offense to publish false information or “the truth of which is prejudicial to the interest of the State”.
The court, however, has not yet taken up the defamation law.
The Supreme Court has also not ruled on whether defamation laws can be enforced against public figures or politicians.
A similar case was filed in a Supreme Court-led court by an individual against the Prime Minister of India, Narendra Modi.
The case was dismissed on the grounds that the court had not been given a chance to hear the plaintiff’s arguments.
According to the law, a person can sue an “accused person” in a civil court, an independent authority for defamation or a private individual or organisation for defamation.
According the court, a complaint can be made under the law if it is brought “under circumstances which show the accused person is likely, or reasonably could be expected, to suffer damages for the same.”
In the case of the complaint filed against the prime minister, the complainant claimed that the prime minster had defamed him and had made “false and malicious” allegations in the course of a campaign in the run-up to the general election of 2016.
The complainant sought a declaration from the court that the complainant was a victim of “defamatory acts” against the public interest.
The complainant, however failed to prove that the allegations had been made.
The trial court ruled that the complaint should not be filed in this case as the complainant had not brought the complaint in a timely manner.
The Delhi High Court, on the other hand, had found that the Delhi Chief Minister, Arvind Kejriwal, had defamatory and defamatorial remarks against the complainant, who is a “well-known person”.
The Delhi HC also held that the complaints filed against Kejriwal and the Prime Minster were not filed “within the time limit” as they were filed against him and not the complainant.
In this case, the Delhi HC had referred the complaint to a court-appointed advocate, who then issued a statement on behalf of the complainant and asked the Delhi High Judge to dismiss the complaint.
The judge dismissed the complaint and ordered the complainant to pay Rs 2.5 lakh to the complainant’s attorney for his legal fees.
The matter is pending with the Delhi high court.
A defamation case cannot be brought in a court under Section 1 of the IPC, which deals with defamation by a person.
The defamation law also provides for an exception to Section 1.
Section 2 provides for “punitive damages”, which are damages to be awarded against the person or person’s business or assets for the “mischief” that has been caused by publication of the statements in question.