Accused doing negative propoganda about victim to withdrawn complaint
2 Answers
Dear Sir,
If the Case is Under Domestic Violence
If the matter relates to a complaint under the Protection of Women from Domestic Violence Act, 2005, the victim can inform the Magistrate that the respondent is:
Harassing
Threatening
Defaming her
The court may pass additional protection orders.
Courts generally view pressure to withdraw a complaint as interference with the judicial process, which can actually strengthen the victim’s case.
Dear Client,
The conduct of the accused shall amount to defamation, since spreading false information to harm reputation can attract BNS Section 356 (1) and Section 356 (2) for punishment. If the accused is using threats to coerce you into withdrawing the complaint, it will lead to BNS Section 351 (1) for criminal intimidation and Section 351 (2) or (3) for punishment. If the propaganda is coupled with demands, that can amount to extortion or attempt to extort. Deliberately influencing witnesses or attempting to cause withdrawal of complaint interfers with the judicial procedure and may be charged under the combination of intimidation and conspiracy. If this propaganda is taking place online, the Information Technology Act and Rules will come into application to provide additional remedies.
The practical course of action will be to file an FIR. Proceed to collect electronic evidence and ask the police to issue preservation requests to the platform, if it is performed online. You can file a legal notice demanding stop and desist and a public apology and damages. You may file a civil suit for injunction and damages for defamation. If there are threats of physical harm or you fear danger, contact police and ask for protection. You can ask the police for witness protection and non-contact orders. I hope this helps you to resolve your problem. If you have any further queries, please feel free to reach out.