How or what type of investigation is carried in defamation cases by police?

[Ramchandra K]

What kind of investigation is carried out by police in defamation cases? What methods police employ to decide the cases of defamation? Is police allowed to submit report under S-173 on defamation without permission from Metropolitan Magistrate, as defamation is Non-cognizable offence?? What should be the ingredients or contents of defamation that police should mention in their Police Report under S-173?

[Dr. Ashok Dhamija]

Since offence of defamation under Section 500 IPC is non-cognizable offence, the police cannot register FIR and it cannot investigate such case without orders from the Magistrate having jurisdiction. So, generally speaking, no investigation will be conducted by police in a case of defamation. Since police cannot conduct investigation in such case without order from Magistrate, there is no question of police submitting a charge sheet under Section 173 of Cr.P.C. in such case unless the Magistrate had ordered investigation.

Usually, a defamation case is filed as a private complaint case wherein the party concerned itself has to prosecute the accused in the court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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