The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website, www.finlawassociates.com, you acknowledge and confirm that you are seeking information relating to Finlaw Associates of your own accord and that there has been no form of solicitation, advertisement or inducement by Finlaw Associates or its members. The content of this website is for informational purposes only and should not be interpreted as soliciting or advertisement. No material/information provided on this website should be construed as legal advice. Finlaw Associates shall not be liable for consequences of any action taken by relying on the material/information provided on this website. The contents of this website are the intellectual property of Finlaw Associates.
False Statement:The statement must be untrue and not based on verifiable facts.
Publication:The false statement must be communicated to a third party, either in written or spoken form.
Harm to Reputation:The false statement must be capable of harming the reputation of the person being discussed.
Fault:In many jurisdictions, the person making the defamatory statement must have acted negligently or with actual malice, depending on the public figure status of the person being defamed.
Defamation law in India is governed by the Indian Penal Code (IPC) and the law of torts. Defamation can be both a civil wrong (tort) and a criminal offense in India. Here are some key points regarding defamation law in India:
Section 499 of the Indian Penal Code deals with criminal defamation. According to this section, making or publishing a defamatory statement that harms the reputation of another person is punishable with imprisonment for up to two years, a fine, or both.
Defamation can also be a civil wrong, and the affected party may file a civil suit for damages seeking compensation for the harm caused to their reputation.
The law recognizes certain exceptions to defamation. Truth is a valid defense against defamation, meaning if the statement is true, it cannot be considered defamatory.
Additionally, statements made in good faith for public interest, fair comment on a matter of public interest, and for the protection of one's own interests are generally protected under the law.
Defamation cases can be tried in a Magistrate's court (for criminal defamation) or a Civil court (for civil defamation), depending on the nature of the case and the relief sought.
With the rise of the internet and social media, online defamation has become a concern. Indian law also applies to defamatory statements made online, including on social media platforms.
In criminal defamation cases, if the accused is found guilty, they may face imprisonment and a fine. In civil defamation cases, the court may order the payment of damages to the aggrieved party as compensation for the harm caused to their reputation.
The limitation period for filing a defamation suit is generally one year from the date of publication of the defamatory statement.
Our lawyers provide initial consultation to the affected party, assess the merits of the case, and advise on the best course of action, whether it's pursuing a civil case for damages or filing a criminal complaint.
Our lawyers draft the necessary legal documents, such as complaints or petitions, and file them before the appropriate court, either a civil court or a magistrate's court, depending on the nature of the case.
Our lawyers represent their clients in court throughout the litigation process, arguing on their behalf and presenting evidence and witnesses to support their case.
Our lawyers assist in gathering evidence to substantiate the claim of defamation, which may include written or spoken defamatory statements, witness testimonies, digital evidence, etc.
During the trial, our lawyers conduct the examination of their own witnesses and cross-examine the witnesses presented by the opposing party.
If the accused party is being represented by our lawyer, they will present legal defenses to counter the defamation claim. Common defenses may include truth, fair comment, absolute privilege, etc.
Our lawyers may engage in settlement negotiations with the opposing party to resolve the case outside of court, if possible.
If the outcome of the trial is unsatisfactory to either party, lawyers may assist in filing an appeal before the higher court or handling any post-judgment proceedings.
Illicit pornography refers to pornographic material that is illegal, immoral, or unethical in nature due to its content or the way it was produced. It typically involves sexually explicit material that depicts illegal or non-consensual activities, involves minors (child pornography), or violates the rights and privacy of individuals involved.
1. Child Pornography - This involves sexually explicit images or videos featuring minors engaged in sexual activities. Child pornography is illegal in almost all countries and is considered one of the most heinous and harmful forms of illicit content.
2. Revenge Porn -This is the non-consensual sharing or distribution of sexually explicit images or videos of individuals without their permission, often with the intention of causing harm, embarrassment, or harassment.
3. Non-Consensual Pornography (aka "Pornographic Revenge") - This refers to sexually explicit material recorded or distributed without the knowledge or consent of the individuals involved.
4. Bestiality or Zoophilia -This involves explicit material depicting sexual acts between humans and animals, which is illegal in many jurisdictions.
5. Violent or Extreme Pornography -This involves explicit material depicting extreme violence or illegal activities during sexual acts.
In India, there are stringent regulations and laws against illicit pornography to protect individuals, especially minors, from exploitation and harm. Some of the key regulations and laws pertaining to illicit pornography in India include:
The IT Act addresses various cybercrimes, including the circulation of obscene material online. Section 67 of the IT Act specifically deals with publishing or transmitting obscene material electronically, including explicit pornographic content.
The IPC contains provisions related to obscenity, pornography, and child pornography. Sections 292 to 294 deal with offenses related to obscene materials, while Section 67A addresses the publication or transmission of sexually explicit material involving children.
This act focuses on safeguarding children from sexual offenses and child exploitation, including child pornography. It criminalizes the use, distribution, and possession of child pornography and prescribes stringent penalties for offenders.
This act prohibits the indecent representation of women in advertisements, publications, writings, and other forms of media, including pornographic materials that depict women in a derogatory or exploitative manner.
This act provides for the care and protection of children, including measures to prevent child pornography and sexual exploitation of minors.
This section criminalizes the sale, distribution, and exhibition of obscene materials, whether in print, writing, painting, or representation, with the intent to corrupt minds or offend modesty.
This policy outlines measures to enhance cybersecurity and combat cybercrimes, including the circulation of illicit content on the internet.
Amendments were made to the IT Act in 2018 to strengthen the provisions related to cybercrimes, including the punishment for publishing or transmitting sexually explicit material.