Quick answer: Defamation in India
Defamation is both a crime and a civil wrong in India. A person whose reputation is harmed by a false statement, including a social media post, video, review or WhatsApp message, can file a criminal complaint under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (punishable with simple imprisonment up to two years, fine, both, or community service) and a civil suit for damages and an injunction. Civil defamation suits must usually be filed within one year. Platforms can be asked to remove content, and courts can order takedowns. Call +91-8800669834.
Written and reviewed by Adv. Mridul Jindal, Advocate enrolled with the Bar Council of Delhi (2021) · Last updated 1 Nov 2026
Key facts
- Criminal defamation: Section 356 BNS (formerly Sections 499–500 IPC)
- Punishment: simple imprisonment up to 2 years, fine, both, or community service
- Criminal complaint: filed by the person defamed before the Magistrate (Section 222 BNSS)
- Civil suit: damages and injunction; limitation 1 year (Articles 75–76, Limitation Act)
- Online content: platform grievance process under the IT Rules, 2021, and court-ordered takedown
What Counts as Defamation?
Defamation is making or publishing a statement about a person, by words, signs or visible representations, intending to harm or knowing it will likely harm that person's reputation. It can be spoken (slander) or written, posted or broadcast (libel). Posts, reels, reviews, group messages and comments are all publications.
The law recognises exceptions, such as a true statement made for the public good, fair comment on public conduct, a fair report of court proceedings, and a complaint made in good faith to a lawful authority. Whether an exception applies depends on the facts.
Criminal Complaint or Civil Suit?
Criminal complaint (Section 356 BNS): filed by the person defamed before the Magistrate. It aims at punishment and often leads to settlement with an apology. Criminal defamation was upheld as constitutional in Subramanian Swamy v. Union of India (2016).
Civil suit: claims money damages for harm to reputation and an injunction to stop or remove the publication. It must ordinarily be filed within one year of publication.
For a step-by-step guide to online defamation, see our article Defamed on Social Media? Criminal and Civil Remedies, and for businesses, our defamation and brand protection services.
Both can be pursued together. If you have received a defamation notice or complaint, the same exceptions and defences help you respond.
How to Choose the Best Defamation Lawyer in Delhi NCR
Finding the best defamation lawyer in Delhi NCR means finding someone suited to your situation. Check that the advocate is enrolled with a State Bar Council (Adv. Mridul Jindal: Bar Council of Delhi, D/3547/2021), regularly handles defamation complaints, suits and takedowns in Delhi and Ghaziabad, explains the steps, timelines and costs in plain words without guaranteeing a result, and is easy to reach for updates.
Before Your First Meeting
Bring screenshots or recordings of the statements, links, dates, the names of people who saw them, and any notice or complaint you have received.
This page gives general information, not legal advice, and is not an advertisement or solicitation of work. See the disclaimer.
Official sources: Bharatiya Nyaya Sanhita, 2023 · Information Technology Act, 2000 · MeitY (IT Rules, 2021)
Defamed or Accused of Defamation?
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Related: false FIR and malicious prosecution · cyber crime · criminal lawyer in Delhi
Frequently Asked Questions
Under Section 356 BNS, simple imprisonment up to two years, or fine, or both, or community service.
Yes. A defamatory post, video, review or message is a publication. You can file a criminal complaint, a civil suit for damages, and seek an order for removal.
A civil suit for defamation must ordinarily be filed within one year of the publication. A criminal complaint should also be filed without delay.
A true statement made for the public good is an exception under the law. Fair comment and good-faith complaints to authorities are also protected.
Report it to the platform's grievance officer under the IT Rules, 2021, send a legal notice to the person, and if needed seek a court injunction directing removal.
Defamed online or offline?
Preserve the evidence and act within the time limits.
Disclaimer
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- the content of this website is for general information only and is not legal advice;
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Social Media and Online Defamation
Preserve evidence: take screenshots with the URL, date and account name, save the link, and record views and shares. Do not rely only on the post staying up.
Report to the platform: under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, platforms must have a grievance officer who acknowledges and acts on complaints.
Legal notice: a notice asking for removal, an apology and a retraction often resolves the matter. See legal notices.
Court orders: courts can grant interim injunctions directing removal of defamatory content and restraining further publication, including against unknown persons in suitable cases.
Cyber harassment: where posts involve threats, stalking or morphed images, see cyber crime.