Currently criminal defamation proceedings are going on against LEGITSCRIPT LLC, John Horton (President and CEO Legitscript) (email : firstname.lastname@example.org and Emily Emanuel (COO Legitscript) ( email@example.com) at the COURT OF THE HONORABLE Judicial Magistrate First Class, PUNE, India.
Based on the criminal complaints against the crime accused Legitscript , John Horton and Emily Emanuel , Police Inspector (Crime), Vimantal Police Station, Pune City, Maharashtra India started the criminal investigation under the provisions of section 499 & 500 of Indian Penal Code along with section 66 of Information Technology Act.
They face two-year jail term in Indian jail if convicted.
What is defamation?
- According to section 499 of IPC, whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
- Section 499 also cites exceptions. These include “imputation of truth” which is required for the “public good” and thus has to be published, on the public conduct of government officials, the conduct of any person touching any public question and merits of the public performance.
- Section 500, which is on punishment for defamation, reads: “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”
- In India, defamation is both civil and criminal offence. The remedy for a civil defamation is covered under the Law of Torts. In a civil defamation case, a person who is defamed can move either High Court or subordinate courts and seek damages in the form of monetary compensation from the accused. Also, under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years.
Indian Supreme Court’s recent judgment upholding Sections 499 and 500 of the IPC as constitutionally valid has received wide attention, including visible, vibrant, sometimes even vicious criticism.
So far number of warrants have been issued against the crime accused Legitscript , John Horton and Emily Emanuel however they have not appeared nor co-operated in this criminal investigation.