Wont that be called false charge of defamation?India,see details?

Question

Suppose some man 'R' sends an insulting letter containing unfair comments ; to some coworker 'S' at his home.
S gets hurt after reading that & HIMSELF shows that letter to his whole family & a group of people.
Now can S prosecute R under provision of defamation in India??

Answer 1

yes S can prosecute R by proving to his guilt of defamation and under law of torts R will be held liable to pay the damages....thats only in theory....practice is somewat different

Answer 2

According to Section 499 of the Indian Penal Code your scenario for defamation depends on whether the insulting letter sent to 'S' was actually directed toward 'S' and if the comments were true or not. If the information in the letter is actually true then the case for defamation is baseless. If the information in the letter is false and lowers the moral or intellectual character of the person or is generally considered disgraceful then a case for defamation can be argued.

It sounds to me like under Indian law that 'S' would have a reasonable chance of winning. The source below is the defamation portion of the Indian Penal Code.

Answer 3

I don't know about India but in California, this is not
defamation. Defamation is if the letter was sent to a
3rd party. I f I send an insulting letter to the person that
I am insulting, that is not defamation, but if I send the
mail to another person, that may be considered defamation
but the person that I have insulted must have suffered
financial loss, such as the loss of his job or other earnings.

You can not sue because you got your feelings hurt, the
fact that other people saw the letter is not the fault of the
sender, it is the fault of coworker S.

Answer 4

Wow! So in India, if I think you're a worthless, fat, stinking, piece of monkey doo, I can't tell you to your face, in private?