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How to File a Defamation Case in India (Civil & Criminal) – Complete Guide

Defamation is a serious offence that can harm a person’s reputation. In India, defamation can be challenged through both civil and criminal lawsuits. Whether you’re a public figure, business owner, or private individual, knowing how to file a defamation case is crucial to protect your reputation.


This guide explains step-by-step procedures, legal provisions, and key differences between civil and criminal defamation in India under the Bharatiya Nyaya Sanhita (BNS), 2023 (replacing IPC) and other relevant laws.


1. What is Defamation in India?


Defamation occurs when a false statement is made (orally or in writing) that harms a person’s reputation. It can be:


  • Libel (written defamation, e.g., social media posts, newspapers)

  • Slander (spoken defamation, e.g., false verbal accusations)


Legal Provisions for Defamation


  • Criminal Defamation: Section 356 of Bharatiya Nyaya Sanhita (BNS), 2023 (replaced Section 499 IPC) – Punishable with up to 2 years imprisonment or fine or both.

  • Civil Defamation: Covered under Law of Torts – Victim can claim monetary compensation (damages).


2. How to File a Criminal Defamation Case (Under BNS, 2023)


Since defamation is a non-cognizable offence, the police cannot arrest without a court order. Follow these steps:


Step 1: Send a Legal Notice


  • A defamation notice must be sent to the accused, demanding:

    • An unconditional apology

    • Withdrawal of the false statement

    • Compensation (if applicable)

  • If no response is received within 15-30 days, you can proceed legally.


Step 2: File a Complaint Before the Magistrate


  • Visit the local Magistrate Court under whose jurisdiction the defamation occurred.

  • Submit a written complaint with:

    • Details of the false statement

    • Proof of publication (screenshots, videos, witnesses)

    • Evidence of harm to reputation (loss of business, social humiliation, etc.)


Step 3: Court Issues Summons


  • If the court finds merit, it will issue summons to the accused.

  • The case proceeds as a criminal trial.


Step 4: Trial & Judgment


  • Both parties present evidence and witnesses.

  • If convicted, the accused may face jail (up to 2 years), fine, or both.


3. How to File a Civil Defamation Case (For Compensation)


A civil lawsuit is filed to claim monetary damages for harm caused by defamation.


Step 1: Send a Cease & Desist Notice


  • Similar to a criminal notice but focuses on compensation.


Step 2: File a Suit in Civil Court


  • Approach the District Court where the defamation occurred.

  • Submit a plaint (lawsuit) with:

    • Details of the defamatory statement

    • Proof of malicious intent or negligence

    • Calculation of financial/reputational losses


Step 3: Court Proceedings & Compensation


  • The court examines evidence and may order:

    • Permanent injunction (stopping further defamation)

    • Monetary compensation (damages for reputational harm)


4. Key Differences: Civil vs. Criminal Defamation


Aspect

Criminal Defamation

Civil Defamation

Purpose

Punishment (Jail/Fine)

Compensation (Money)

Governing Law

BNS, 2023 (Sec 356)

Law of Torts

Burden of Proof

"Beyond reasonable doubt"

"Balance of probabilities"

Outcome

Imprisonment or fine

Monetary damages

Case Type

Non-cognizable offence

Civil lawsuit


5. Important Defences Against Defamation


The accused can argue:


Truth (if the statement is factually correct)

Fair Comment (opinion on public interest)

Privilege (statements made in Parliament/Court)


6. Landmark Defamation Cases in India


  • Subramanian Swamy vs. Union of India (2016) – Supreme Court upheld criminal defamation as constitutional.

  • Rajat Sharma vs. TV Today Network (2020) – Delhi HC ruled in favor of damages for defamatory journalism.


7. Can Online/Social Media Defamation Be Challenged?


Yes!

  • IT Act, 2000 (Sec 66A repealed, but Sec 499 BNS applies)

  • You can file a complaint with Cyber Crime Police or approach courts.


8. Conclusion: Which One Should You Choose?


  • Criminal Case → If you want punishment (jail/fine) for the accused.

  • Civil Case → If you seek compensation for financial/reputational loss.


For strong legal action, consult a lawyer to decide the best course.


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