LITIGATION STRATEGY FOR STEVEY VAI

Before moving further it should be noted that in India there are two types of remedy available for
Defamation cases in India and they are: (i) Civil Remedy by filing for Unliquidated damages
under the law of torts by filing a civil suit and (ii) Criminal Remedy is by filing a complaint
before the concerned Magistrate u/s 190 (1)(a) CrPc.

It must be noted here that in India both civil and criminal remedy can be availed at the same by
the same party on the same cause of action and the same has been held by the Supreme Court of
India in the landmark case of Vishnu Dutt Sharma v Daya Sapra.1

Reason behind the same is that if a person aggrieved by the defamatory statement of other wants
to seek not only justice by punishing the offender and also compensation from the other party.
As criminal law doesn’t provide for the damages but it only talks about fine and civil law gives
remedy in the form of compensation also.

In criminal defamation the person against whom a defamation case is filed might be sentenced to
two years’ imprisonment or fined or both. Section 499 of the Indian Penal Code criminalizes
speech that is intended to cause harm to the reputation of any person. Section 500 details the
punishment for defamation, making a person liable for imprisonment up to two years (with or
without a fine).

As Sec 199 of the Code of Criminal Procedure 1973 says that no Court shall take cognizance of
an offence punishable under Chapter XXI of the Indian Penal Code except upon a complaint
made by some person aggrieved and this is the reason the Police cannot entertain an FIR for the
same. Supreme Court in one of the landmark judgment said that Police cannot proceed for the
offences mentioned under Chapter XXI of the IPC until and unless it has been authorized by the
Magistrate to do so.

But before proceeding with the above mentioned course of action, I as a leading Advocate would
suggest that a Legal Notice demanding the compensation for the same and an unconditional
apology from Ms. Kourtney Love in a leading newspaper would suffice the cause as litigation
either be it criminal or civil takes time to get decided and it would not be proper to directly drag
the matter to the Court at the first instance.

Legal Notice will be send by keeping in mind the reputation
and in the legal notice there will also be a Mediation clause
consensus then a Mediation Session can be arranged for
respective counsels before a neutral Mediator of their choice
also appeal to the Higher Courts.
that Mr. Stevey Hai has acquired
so that if both the parties are the
both the parties along with the
and in further proceeding we can

1
Vishnu Dutt Sharma v Daya Sapra (2009) SCC 3 311