The limitation for filing civil suit for defamation is 1 year but if there is compensation then it becomes 3 years.
I want to file civil suit for defamation. The incidents happened between 15th October,2020 and 18th October,2020. As per Limitation Act, there is limitation period of one year for filing civil defamation suit. In view of recent, Supreme Court order on limitation , when will the limitation expire for filing civil defamation suit?
The limitation for filing civil suit for defamation is 1 year but if there is compensation then it becomes 3 years.
suit for seeking compensation for defamation is to be filed within one year of arising of cause of action
Article 75 of the Limitation Act provides that a suit for compensation, for libel has to be filed within one year from the date of publication of the libel.
Dear Sir,
The Hon'ble Supreme Court in Sou Moto Writ Petition (C) 3 of 2020, vide Order dated 25.09.2021, has suspended the limitation w.e.f 14.03.2020 till 02.10.2021, hence whatever the period of limitation you had as on 14.03.2020, you will have the same days left on 03.10.2021. However, since, the cause of action in your case is in Oct. 2020, which is within the period when the limitation was suspended, the limitation in your case, shall reckon to begin from 03.10.2021.
Thanks.
- If you are going to file a criminal defamation complaint then it is only one year from the date of cause of action .
- Further , as one can claim defamation amount after filing a civil defamation suit , then it is 3 years from the date of cause of action, like any other recovery recovery suit.
As per the supreme court ruling, the limitation has been extended up to 31st October 2021.
This case should have been filed by 1st November.
Based on the facts presented here, proper advice cannot be rendered. You may please engage a local lawyer and arrange to file the defamation suit.