Defamation is both a criminal offence and a civil wrong under Indian law. The Bharatiya Nyaya Sanhita 2023 (BNS) updated the criminal law of defamation from 1 July 2024. This guide covers the current law, the IPC-to-BNS transition, online defamation procedures, civil remedies, and how to structure an effective defamation legal notice.
The Law: Bns 2023 Replaces Ipc 499 And 500
Section 356 BNS (replacing IPC 499): Defines defamation - making or publishing an imputation concerning any person, by words, signs, or visible representations, intending to harm or knowing the imputation will harm their reputation. Section 357 BNS (replacing IPC 500): Punishment - up to 2 years simple imprisonment, or fine, or community service (new under BNS), or a combination. TRANSITION NOTE: Statements made before 1 July 2024 -> IPC 499/500. Statements made on or after 1 July 2024 -> BNS 356/357. Every notice or complaint must specify the correct provision based on when the defamatory statement was published. RECOGNISED EXCEPTIONS (same under IPC and BNS)
- Truth published for public good
- Fair comment on a public figure's public conduct
- Fair and accurate reporting of judicial or Parliamentary proceedings
- Privileged communications in official contexts
Criminal Vs Civil Defamation
Criminal (BNS Section 356): A private complaint before a JMFC or Metropolitan Magistrate. If prima facie case found, the accused is summoned. Punishment: up to 2 years simple imprisonment + fine + community service. Frequently pursued to compel retraction and public apology rather than primarily for punishment. Civil Defamation: A civil suit claiming general damages (reputational harm) and special damages (quantifiable financial losses). Civil proceedings allow discovery - useful for establishing reach of the publication and financial impact. Both remedies can be pursued simultaneously: criminal for retraction pressure, civil for monetary damages.
It Rules 2021 - Takedown Notices
Related internal resource: takedown notices under IT Rules 2021 Social media intermediaries must maintain a grievance redressal mechanism (Rule 3, IT Rules 2021). File a complaint identifying defamatory content. The intermediary must acknowledge within 24 hours and resolve within 15 days. A well-drafted takedown notice should:
- Identify the specific URL(s) of the defamatory content
- Quote or describe the defamatory statement precisely
- Explain why it is false and defamatory
- Invoke Rule 3(1)(b) IT Rules 2021 (harmful or defamatory content)
- Request immediate removal and written confirmation
Section 79 It Act 2000: Safe Harbour And Its Limits
Intermediaries enjoy safe harbour from liability for third-party content - provided they act as neutral conduits and remove content expeditiously when notified. Once formally notified and failing to act, safe harbour protection is at risk, making the platform potentially liable as a publisher. Citing this in your takedown notice increases the platform's urgency.
What The Defamation Legal Notice Must Contain
Key points to check before relying on this document:
- Full identification: exact words, platform/medium, specific URL, date and time of publication
- Approximate reach: views, shares, follower count
- Why the statement is false: concise rebuttal
- Why it is defamatory: harm to reputation, business, professional standing
- Demand for immediate removal from all platforms
- Demand for written public retraction and apology in same medium with equivalent visibility
- Demand for undertaking not to repeat
- Compensation demand if civil proceedings are contemplated
How Inamdar Legal Can Help
We advise on all aspects of defamation - platform takedown notices under IT Rules 2021, formal legal notices, Magistrate complaints under BNS Section 356, and civil suits for damages, including cases involving anonymous online attackers. Inamdar Legal is a Surat-based legal practice advising businesses, MSMEs, startups, and individuals across Gujarat and India. We combine deep knowledge of Indian law with practical, plain-English advice that helps clients act with confidence. Contact our Surat office for a consultation. We respond the same day for straightforward matters. DISCLAIMER: This article is for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a qualified lawyer for advice specific to your situation.
When to obtain a review
A review is especially useful when…
- — You are about to sign, send, rely on or respond to this document.
- — The draft was copied from an old template or another state.
- — There is money, property, business control, statutory deadline or reputation risk involved.
- — You need Surat/Gujarat-specific drafting, review or negotiation support.
Legal information notice
This article is general legal information for India and Gujarat. It is not a substitute for advice on your specific facts, documents, limitation period, stamp duty position or court strategy.