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defamation law

Defamation law in India protects your reputation against false statements that lower you in the eyes of others. We advise...

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Key takeaways

Defamation is any false statement, written or spoken, that harms a person’s reputation in the eyes of right-thinking members of society.
India recognises both civil defamation (a tort, claiming damages) and criminal defamation (a punishable offence).
Criminal defamation is now governed by Sections 356 of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaced Sections 499 and 500 of the IPC.
The two forms are libel (written or permanent) and slander (spoken or transient).
A well-drafted legal notice is usually the first step, often leading to an apology, retraction or settlement.
Recognised defences include truth for public good, fair comment and privilege.
Remedies range from damages and injunctions to content takedown and, in criminal cases, imprisonment or fine.

Overview

What is defamation?

Defamation is the act of communicating a false statement about a person that injures their reputation, exposes them to hatred, ridicule or contempt, or lowers them in the estimation of others. The statement must be published, that is communicated to at least one person other than the person defamed, and must refer to an identifiable individual or entity.

In India, defamation is actionable both as a civil wrong, where the affected person sues for monetary compensation and an injunction, and as a criminal offence, where the wrongdoer can face prosecution. The right to reputation is treated as part of the right to life and dignity under Article 21 of the Constitution, balanced against the right to free speech under Article 19(1)(a).

What must be proved

The statement was defamatory in nature
It clearly referred to the person complaining
It was published or communicated to a third party
It was false and made without lawful justification
It caused, or was likely to cause, harm to reputation

Types

Libel, slander & the two legal tracks

Defamation is classified by the form the statement takes, and by the legal route you choose to pursue it. The two tracks are not mutually exclusive; the same statement can give rise to both a civil suit and a criminal complaint.

Form	What it means
Libel	Defamation in a permanent form, such as writing, print, social media posts, articles or images.
Slander	Defamation in a transient form, typically spoken words or gestures.

Track	Nature & outcome
Civil defamation	A tort claim seeking damages and an injunction to restrain further publication.
Criminal defamation	A complaint under the BNS, 2023, which can result in imprisonment, fine or both.

The law

Legal framework in India

Criminal defamation is set out in the Bharatiya Nyaya Sanhita (BNS), 2023, which came into force on 1 July 2024 and replaced the Indian Penal Code, 1860. Civil defamation is not codified in a single statute; it is governed by the common law of torts and procedural rules under the Code of Civil Procedure, 1908.

Provision	What it covers
BNS, 2023 - Section 356	Defines defamation, lists the exceptions, and prescribes the punishment for criminal defamation.
Earlier law (IPC)	Sections 499 and 500 of the IPC, now repealed and carried into the BNS.
Law of torts	The basis for a civil suit claiming damages and an injunction.

Online context	Relevance
IT Act, 2000	Intermediary liability and takedown of defamatory online content.
IT Rules, 2021	Grievance redressal and removal of unlawful content by platforms.
Article 19(2)	Permits reasonable restrictions on free speech, including for defamation.

Punishment

Penalties for criminal defamation

Under Section 356 of the BNS, 2023, a person convicted of defamation may be punished with simple imprisonment for a term that may extend to two years, or with a fine, or with both. The section also provides for community service as an alternative form of punishment, and separately penalises printing or selling defamatory material.

Key points on the offence

Defamation is a non-cognizable offence, so police do not register an FIR or arrest without a court’s direction.
It is bailable and compoundable, meaning the parties can settle.
A complaint is filed before a Magistrate, not the police station.
The person allegedly defamed must ordinarily file the complaint themselves.

Defences

Recognised defences

Not every harmful statement is actionable. The law recognises several defences, many drawn from the exceptions to Section 356 of the BNS, that protect legitimate speech.

Truth for public good

A true statement made for the public benefit is a complete defence.

Fair comment

Honest opinion on a matter of public interest, based on true facts.

Privilege

Statements in legislative, judicial or official proceedings enjoy protection.

Conduct of public servants

Good-faith remarks on the public conduct of officials may be exempt.

Fair reporting

Accurate reports of public proceedings and meetings are protected.

Consent

A statement the complainant consented to publishing is not actionable.

When to act

When you may have a defamation claim

If your reputation, or your business, has been harmed by false statements, you may have grounds to act. Common situations we handle include:

False, damaging posts or reviews on social media or online platforms
Defamatory articles, blogs or news reports
Malicious WhatsApp or email messages circulated to third parties
False allegations made in public meetings or to your employer
Business disparagement that injures goodwill and brand reputation
Spoken accusations made before witnesses

How it works

The process, step by step

Most defamation matters begin with a notice and escalate only if needed. We guide you through the right route, whether civil, criminal, or an online takedown.

Civil & notice route

Assess
We review the statement, evidence and audience to confirm the claim is sustainable.
Legal notice
We draft and send a notice demanding apology, retraction and damages.
File a suit
If unresolved, a civil suit for damages and an injunction is filed in the competent court.
Relief
The court may award damages and restrain further publication.

Criminal & takedown route

Complaint
A criminal complaint is filed before the Magistrate under the BNS, 2023.
Summons
If a prima facie case is found, the court summons the accused.
Takedown
For online content, we issue grievance and takedown requests to the platform under the IT Rules, 2021.
Trial
The matter proceeds to trial, with conviction leading to imprisonment, fine or both.

Paperwork

Documents & evidence

The defamatory content itself: screenshots, clippings, recordings or print-outs
Date, time, platform and URL of publication
Details of the person or entity responsible
Proof that the statement refers to you and was seen by third parties
Evidence of harm: lost business, social impact or financial loss
Identity and address proof of the complainant
Any prior correspondence, apology requests or replies

Forum & timeline

Where & how long

Civil suit: filed in the District Court or High Court, depending on the value of the claim.
Criminal complaint: filed before the jurisdictional Magistrate.
Limitation: a civil defamation suit is generally filed within one year of publication.
Online takedown: platforms must address valid grievances within the timelines set by the IT Rules, 2021.
Timelines vary with the forum, the response of the opposite party and court schedules.

Related services? See our Legal Notice, Consumer Complaint and Criminal Law services.

Remedies

What relief you can seek

The right remedy depends on your goal, whether that is clearing your name, stopping the harm, or recovering losses.

Remedy	What it achieves
Damages	Monetary compensation for harm to reputation and any financial loss.
Injunction	A court order restraining further publication of the defamatory content.
Apology & retraction	A public correction or withdrawal of the statement.
Content takedown	Removal of defamatory material from websites and social platforms.
Criminal sanction	Imprisonment, fine or both on conviction under the BNS, 2023.

Has someone damaged your reputation?

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Why us

Why Diligence Certifications

Specialist guidance

Lawyers who handle defamation across civil, criminal and online contexts.

Swift action

Time-sensitive notices and takedown requests drafted and sent quickly.

Strong drafting

Precise notices, complaints and pleadings built around solid evidence.

Discretion

Sensitive reputation matters handled with full confidentiality.

End-to-end support

From the first notice to final relief, we manage the whole matter.

Transparent fees

Clear, upfront pricing with no hidden charges along the way.

FAQ

Frequently asked questions

What is defamation under Indian law?

Defamation is the publication of a false statement, written or spoken, that harms a person’s reputation. India treats it as both a civil wrong, claiming damages, and a criminal offence under Section 356 of the Bharatiya Nyaya Sanhita, 2023.

What is the difference between libel and slander?

Libel is defamation in a permanent form, such as writing, print or online posts, while slander is defamation in a transient form, typically spoken words. Both can be actionable in India.

What is the punishment for criminal defamation?

Under Section 356 of the BNS, 2023, defamation can attract simple imprisonment of up to two years, or a fine, or both, and the court may also order community service.

Is truth a defence to defamation?

Yes, but with a condition. Truth is a complete defence in a civil suit, and under criminal law a true statement must also be shown to have been made for the public good.

Can I get defamatory content removed from social media?

Yes. We can send grievance and takedown requests to the platform under the Information Technology Rules, 2021, and, where needed, seek a court injunction directing removal.

Is sending a legal notice necessary before going to court?

It is not always mandatory, but a well-drafted legal notice is a strong first step. It often secures an apology, retraction or settlement and avoids the cost and delay of litigation.

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