How to File a Defamation Case in India (Civil & Criminal) – Complete Guide
- The Legal Watch
- Jul 10
- 3 min read

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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