Foreign lawsuit in India: Recently, Bridge Macron, wife of French President Emmanuel Macron, has filed a defamation case in an American court. He has filed this case against Candes Owens. Candes are a right -wing American podcaster. Owens alleged that Bridge is transgender and was born as a man. But later he changed his gender. With this, bridge scientists and photography will present the evidence to prove their gender. After this high profile case, another legal question arises as to whether a foreign national can file a similar case in India.
Allegations against Bridge Macron
Claims regarding Bridge’s gender are the basis of defamation case. Bridge says that all of them are false and they are considered defamation. Bridge is the mother of three children from her first marriage and has been facing these things since Emmanuel was elected President in 2017.
Defamation suit in India
Let us tell you that defamation in India is a criminal and civil crime under Section 356 of the Indian Justice Code. Under certain conditions, foreign nationals can also record cases in India. The conditions in this are something like that in any way that the material has been defined, it should be in India or should be printed in India, so that the value of any person in the country is damaged. If the defamable material reaches India or the dignity of a man in India is damaged, then the Indian courts generally have the right to control.
With this, if a foreign national gives evidence of defamation loss, then he can demand compensation for loss in the Indian Civil Court. Along with this, evidence like publication, social media posts or digital materials present in India can further strengthen its claim.
How it is different from American case
In the US, Bridge has filed a case in the court with regular rights as it is allegedly defamation there. Similarly, in India, foreign nationals will have to provide evidence that that person has suffered losses in India due to defamation. The process here may be a bit complicated because the Indian court will need a written statement, verification of identity and evidence of publishing and circulation in India.
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