Legal Question in Criminal Law in India

My friend was advising a couple who are his relatives wife on stock market free of cost. The husband made fun of my friend because his marriage broke down and called him cursed verbally since he is still single . There is no proof of the verbal insult.

The couple initially gave a written assurance that my friend will not be blamed for any loss in stock market. Later after receiving advice, they changed their mind and wanted to blame him via email. My friend shouted at them and got them to rectify their email from blaming him to not blaming him. The relative's wife got angry and threatened my friend that if anything bad happened to her husband who is a heart patient, he would be held responsible.

Earlier, the husband and couple's daughter had falsely accused my friend of spoiling her computer hence he called her ugly, black, wicked despite the wife's apology via email since daughter and husband did not apologize.

My friend got angry because of all these issues and called his relative a black, ugly, wicked pig/rat and his wife an emaciated pygmy via email.

The maximum punishment for defamation is 2 years imprisonment or fine.

Can my friend be in jail for maximum 6 years since he insulted three persons (husband, wife and daughter) on provocation?

If he apologizes can the case be quashed?

What is the maximum amount of fine that can be levied on my friend?

Asked on 7/11/22, 11:34 pm

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896

In continuation to my previous answer, let me state that you should not get scared or panic at all, as you may be let off with upto Rs.15000/- ( approximately ) fine only in case you are convicted. However let me advise that the chances of conviction are very bleak as the complainants will have to prove their case beyond reasonable doubt which is indeed a taxing and tedious task for them. Most likely you will be acquitted as the witnesses are interested parties and family members amongst each other interse.

Do not panic about imprisonment as you are a first offender, If convicted you may be dealt under probation of first offenders act , and that the maximum punishment can go upto 6 years in case if there are 3 different FIR's /Cases.

In case you compromise with the complainants they will compound the offence. But do not apologise as this could be fatal to your case. Now apology is different from compromise. Apology is admission of guilt, however compromise is a process where lawyers of both sides may initiate and conclude a joint settlement.

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Answered on 7/22/22, 12:09 am

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