How to File Defamation Case in India

Defamation can tarnish reputations, harm careers, and damage personal relationships. If someone has falsely accused you or spread malicious lies, Indian law provides legal recourse to protect your reputation. Whether you’re an individual, business owner, or public figure, understanding how to file a defamation case in India is crucial.

This guide explains the defamation case process in India, covering key aspects like BNS 356(1) and 356(2) (replacing IPC 499 and 500 under the new Bharatiya Nyaya Sanhita), legal steps for a defamation case, required documents, time limits, and potential punishments.

What is Defamation in India?

Defamation occurs when a false statement harms a person’s reputation. It can be:

1. Libel – Defamation in written or permanent form (e.g., social media posts, articles).
2. Slander – Spoken defamation (e.g., false verbal accusations).

Indian law recognizes both civil defamation (compensation claims) and criminal defamation (punishment under BNS 356).

BNS 356(1) and 356(2): Criminal Defamation Under New Law

The Bharatiya Nyaya Sanhita (BNS), replacing the IPC, defines defamation under:

• BNS 356(1): Defamation occurs when someone makes or publishes false allegations intending to harm another’s reputation.
• BNS 356(2): Exceptions include truthful statements made in public interest or fair criticism.

Punishment for Criminal Defamation (BNS 356(3)):

• Simple imprisonment up to 2 years, or a fine, or both.

How to File a Defamation Case in India? (Step-by-Step Process)

1. Determine Whether to File a Civil or Criminal Case

• Civil Defamation: Seek monetary compensation (damages) via a defamation lawsuit.
• Criminal Defamation: File an FIR under BNS 356 to punish the offender.

2. Gather Evidence for Defamation Case

Strong evidence is critical. Collect:

• Screenshots of defamatory posts, messages, or emails.
• Witness statements (people who heard/read the false statement).
• Video/Audio recordings (if applicable).
• Newspaper clippings or publications (for libel cases).

3. Send a Legal Notice

Before filing a case, a defamation legal notice should be sent to the accused, demanding:

• A public apology.
• Removal of defamatory content.
• Compensation (if applicable).

If they refuse, proceed legally.

4. Filing a Criminal Defamation Case (BNS 356)

• Step 1: File an FIR at the local police station. If police refuse, approach the Magistrate under Section 156(3) CrPC.
• Step 2: The court takes cognizance, and the accused is summoned.
• Step 3: Trial proceeds with evidence, witness testimonies, and arguments.
• Step 4: If proven, the accused may face jail or fine.

5. Filing a Civil Defamation Lawsuit

• Step 1: Engage a defamation lawyer to draft a plaint.
• Step 2: File the suit in the appropriate civil court (where the defamation occurred).
• Step 3: Court examines evidence and may award compensation.

Can You File a Defamation Case Online?

• Yes, through the e-Courts portal for initiating cases in some jurisdictions.
• However, physical court appearances are usually required later.

Defamation Case Time Limit in India

• Criminal Defamation: Complaint must be filed within 3 years from the incident.
• Civil Defamation: 1-year limitation from the date of defamation (under Limitation Act).

Defamation Case Cost in India

Costs vary based on:

• Lawyer fees (₹20,000 – ₹1,00,000+ depending on case complexity).
• Court fees (approx. ₹500 – ₹5,000 for civil suits).
• Miscellaneous expenses (evidence collection, travel, etc.).

Defamation Case Punishment & Compensation

• Criminal Defamation: Up to 2 years jail + fine (BNS 356).
• Civil Defamation: Compensation ranging from ₹50,000 to crores (based on damage).

Famous Defamation Cases in India

1. Rahul Gandhi vs RSS Leaders (2016)
2. Arnab Goswami vs Congress Leaders (2020)

How Long Does a Defamation Case Take in India?

• Criminal cases: 1-3 years (depends on court backlog).
• Civil cases: 2-5 years (longer if appealed).

Why Hire a Defamation Lawyer?

• Expertise in BNS 356(1) and 356(2) defenses.
• Strong evidence collection & legal strategy.
• Higher chances of winning compensation or conviction.

Need Help Filing a Defamation Case? Consult Our Legal Experts!

• If you’ve been falsely accused or defamed, time is critical. Our experienced defamation lawyers can help you:
• Draft and send a strong legal notice.
• File a criminal or civil defamation case.
• Represent you in court for the best possible outcome.

Contact us at +91 8920599818 or whatsapp or visit our Contact Us page today for a consultation! Protect your reputation with expert legal support.