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Criminal defamation, verbal abuse and intimidation
Question
Hi
Am a Secretary of the managing committee of an RWA in a society in Bangalore. I have been facing constant abuse, discrimination and threats from the President of the RWA, whereby he has been mobilizing other members and staff to vote against my proposals.
Here are the facts that I can prove with documentary evidence:
1. During a meeting of the MC, he accused me of calling other members Incompetent. He failed to provide any evidence when challenged. Complaints by email to Vice-President and Jt.Secretary to record this in minutes of meeting did not elicit any response.
2. In another MC meeting, he gestured to remove his footwear and thrash me with it. Again, written complaints to VP and legal secretary did not elicit any response, although they privately condemned his behaviour.
3. He has also been deleting messages critical of his administration, in the group whatsapp
Is there a case against him for criminal defamation, verbal insult and intimidation under Sec499 and 500, 504, 506?
Answer ( 1 )
The case for criminal defamation can be made out from the facts as portrayed as the episodes of insult has taken place in the public view i.e. during the society meetings. Anything which he is believed to be false and is uttered only with intention to insult and cause injury to your reputation would fall under the definition of defamation. You are advised to share your email(s) with an expert and corroborate the final advice. Above is the advice on the limited facts given by you in the description.