How Can You File A Case For Defamation In India

The offence of defamation has been made punishable under Bharatiya Nyaya Sanhita  as the person’s reputation is considered as his property. According to Black’s Law Dictionary, Defamation means an act or offence of injuring a person’s fame, character, and reputation by making any false and malicious statement. It is important that an accused must have created or disseminated defamatory content.

Law relating to Defamation

Article 21 of Indian constitution protects one’s dignity. The defamation has been made an offence to protect one’s dignity.


Section 356 of BNS has made the offence of defamation a punishable offence. It states that if anybody either by words or by signs or by any visible representation make or publishes any imputation with intention to harm the reputation of such person is said to defame such person. There are ten exceptions provided for defamation. If the statement does not fall under any of the exceptions then it will be punishable.

For the offence of defamation, it is important to disseminate spoken, written, sign, or other visible material; it should be done with the intention to reduce the person’s reputation in eyes of other; such slander should have been committed in front of society’s upstanding citizens.

Types of Defamation

  • Slander: The defamatory statements which is spoken or shown in gesture. It is of temporary nature.

  • Libel: The defamatory statements, which is in writing or in picture form, are called as libel. These have lasting effect.

Legal Recourse in case of defamation

  • Filing of a civil suit: The person whose reputation has been harmed can file civil suit under section 19 of CPC. The law of tort made the defamation a civil wrong for which civil suit can be filed. The law of tort is not codified law. Hence, the judges decides the compensation on the basis of equity, justice, and good conscience,  mostly depending on the precedents having similar facts and circumstances.

  • Filing Criminal Proceedings: The person can file criminal complaint under section 356 of BNS. As soon as the complaint has been made and the permission has been received from magistrate, the officers will start the investigation. The BNS made the offence of defamation punishable with imprisonment upto 2 years or with fine or with both or with community service.

How Can You File a Case for Defamation in India

1.     Civil Proceeding:

  • A plaint should be filed in the court which includes the name of the court, name and address of the parties involved along with other information.

  • On the first date of hearing the court will decide whether the plaint contains a substantial matter or not. After this, a written notice will be sent to defendant.

  • The defendant can file WS and the plaintiff will file replication.

  • The court will frame the issues and hear both the parties.

  • The court will pass final order after hearing both the parties.

2.     Criminal Proceeding:

  • A complaint should be filed to police officer who will record all the details in his diary.

  • The complaint will be forwarded to magistrate for seeking permission for investigation.

  • If police officers do not act properly, the complainant can file complaint to the magistrate directly.

  • If the magistrate is satisfied, he can issue notice to accused to appear before court.

  • After the filing of Chargesheet, the court will take the cognizance of the case. The court will discharge the accused if the case is not made out at first hearing. The accused can plead guilty or demands trial of the case.

  • Both the parties will represent, put evidences and argue for their case.

  • On the basis of arguments, the judge decides whether the accused must be convicted or acquitted.

For any legal help, contact lead India. We provide online free legal advice, Along with other legal assistance. On our platform, you can talk to lawyers. You can freely ask any legal question. We provide the solutions to your legal problems.


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