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If a judgment on a criminal appeal (under Section 374) is in favor of the appellant, can the appellant file a defamation case against the respondent/victim (1. The State of W.B. and 2. ASI)? Is there any time limit to file a defamation case after the final order is passed by the court? Where should the defamation case be filed: Magistrate Court or Civil Court? How is the value of defamation calculated — by the appellant or by the court?
The appellant can file a defamation case if false statements were made. There is no strict time limit, but it’s advisable to file promptly. The case is generally filed in Civil Court. The court determines the value of defamation based on the harm caused to the appellant’s reputation. For further legal assistance contact us on our helpline number.