Can civil and criminal defamation cases be filed simultaneously?

[Anonymous]

A person is daily defaming me on social media like Facebook by making false statements that I have cheated him (when actually he has cheated me). Many of my friends on Facebook have asked me about this. I am feeling insulted every day publically. I gave a complaint to the police about defamation case, but they did not register FIR and only gave one NC Number. My question is how can I take action against that person who is defaming me? How can I file a criminal case? Can I file both civil and criminal defamation cases against him at the same time?

[Dr. Ashok Dhamija]

Yes, it is possible to file both civil and criminal cases in respect of defamation simultaneously. The civil case is for claiming damages for defamation. On the other hand, the criminal case (under Section 500 of IPC) is for taking action for the offence of defamation. Both are separate and action can be taken for both at the same time.

Since offence under Section 500 IPC (for defamation) is a non-cognizable (NC) offence, therefore, the police does not have the power to register FIR in such case and it can only register an NC complaint but cannot investigate it, which appears to have been done in your case. You have to approach the Magistrate court with a private complaint if you want to take criminal action in respect of defamation.
     

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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.

[Aman Konark Modi HumanKnowledgeBelongsToWorld]

With Reference to subject concern, Honorable Madam/Sir, I have try lot on BOMBAY HIGH COURT WEBSITE to search the judgment copy of Bombay High Court related to “Mr. Nilesh Ojha (Human Rights Security Council) case for a scientist man of BARC (Shri Subhash) victim of false 498a from Mumbai & proved beyond reasonable doubt to the court that the false 498a was made by wife to defame her scientist husband’s reputation due to which within ongoing 498a the HC of Mumbai allowed his defamation (IPC 499) petition against the wife. Judgment came on 29th January’2015”

Hence, it is humble requested to please provide the judgment copy of the Bombay high court on the my email address vande.matram27011987@gmail.com or make update on Bombay High Court Judgment Website for convenience of Public & Citizen of India please.

Looking forward for you kind cooperation, help & guidance please at the earliest and revert me please.

In hope.

[Author]

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