Can’t lodge an FIR on defamation charges

What is the difference between criminal defamation and civil defamation cases?     Civil proceedings are aimed at securing damages. The defamation case filed by Louise Khurshid against the India Today group, for instance, demands damages to the tune of Rs 1 crore. Had she sought higher damages, she would have had to pay a higher court fee. There is no such financial liability in the case of criminal proceedings — the route chosen by Nitin Gadkari in his case against Digvijay Singh. That defamation case is aimed at securing Singh’s conviction years. The criminal offence of defamation is non-cognizable. This means that nobody can lodge an FIR; it can only be initiated as a complaint in a court. It is also a bailable offence. Whether the proceedings are civil or criminal, the cause of action can be the same statement. There is a difference, however, in what need to be legally proved in each proceedings. 
 
What is the burden of proof in the two kinds of defamation proceedings? 
    In a civil case of defamation, the plaintiff will first have to prove that the statement in question, besides being published, was false and damaging to his reputation. As a corollary, truth is a complete defense against a defamation suit for damages. When it comes to criminal defamation, the accused has to establish that his statement was “substantially true” and was for the public good. Then, the accused would have countered the charge of acting out of malice. 
 
    How does the defense of truth come into play when the allegedly defamatory statement is not so much about facts as opinion? 
    When an opinion is the subject of litigation, the defendant will have to show that he had acted in good faith. The Indian Penal Code is liberal enough to provide such a defense especially when it comes to criticizing public servants. One of the exceptions in Section 499 IPC says: “It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct.” Thus, fair criticism is allowed when it is for the greater common good. 
 
    What is libel? And what is slander? 
    Libel is the publication of a defamatory statement in a permanent form (especially in print or electronic media) while slander refers to defamation by oral utterance rather than by writing or pictures.



Source::: The Times of India, 22-10-2012, 11. 
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

FIR must in cognisable offences

Refusal to file it will amount to dereliction of duty on the part of cops, HC tells state
Mustafa Plumber. Those police officers who delay in lodging a first information report (FIR) will now face action. If officers don’t file FIRs on the registration of a complaint, it would amount to dereliction of duty and action would be taken against the officer. The Bombay high court has directed the state to issue a circular to all police stations with this information.


A division bench comprising of Justice AM Khanwilkar and Justice AR Joshi, while directing the authorities,
observed: “This trend of officers delaying the lodging of the FIR till the complainant moves court seeking
action needs to be arrested.” The bench was hearing the plea of developer Ashok Kumar Surana, who had complained to the Economic Offences Wing (EOW) against Kulvinder Singh Chavhan.


Chavhan had an agreement with Surana for developing a property at Borivli, but later cheated him of several lakhs. Surana had moved the high court seeking the EOW to lodge a complaint against Chavhan and investigate the matter. On Tuesday, the prosecution told the court that the police had lodged a complaint on Monday and further investigations were on. To this, the court said: “This is the third case where the police have lodged a complaint only after the complainant moved the court and the matter was to come up for hearing before the court.”


The police have been registering the offence a day before the court case hearing so that the court does not look into the complaint and question the investigating officer, it said. It added that this practice had to be stopped. The bench directed the state to come out with the circular within two weeks and send it to police stations across the state. The state has also been told to file a compliance report before the court thereafter. With regards to the present Surana case, the city police commissioner has been directed to look into the complaint and file a compliance report by the next date of hearing.

Source::: DNA, 25 Jul 2012, p.03. dnaindia.com/print.aspx?id=23015&boxid=13375&valueprint=storyPrint 1/1