Quick answer: A defamation case in India can run on two tracks. You can sue for damages in a civil court, or you can file a private criminal complaint under Section 356 BNS before a Magistrate. Police cannot investigate defamation on their own. Under Section 223 BNSS, the Magistrate must also hear the accused before taking cognizance.
A false post, news report or WhatsApp message can damage a reputation in hours. A defamation case in India lets the injured person seek damages, an injunction or criminal punishment. Since 1 July 2024, the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) govern the criminal side. This guide explains both routes and the latest rulings.
What Counts as Defamation Under Section 356 BNS?
Section 356 BNS replaces Sections 499 to 502 of the old Indian Penal Code. It covers any spoken, written or visible imputation that the maker intends, or knows, will harm another person’s reputation. The law also keeps the old exceptions. For example, true statements made for the public good and fair comment on public conduct do not amount to defamation.
Under Section 356(2), the court can impose simple imprisonment of up to two years, a fine, or both. It can now also order community service instead. Printing or selling defamatory matter carries separate punishment under Sections 356(3) and 356(4).
Civil vs Criminal Defamation: Which Route Fits?
- Civil suit: You claim money damages and an injunction to remove or stop the content.
- Criminal complaint: You seek punishment of the accused. The complainant must prove the offence beyond reasonable doubt.
- Both together: Courts allow parallel civil and criminal cases on the same statement, and many litigants choose this approach.
How to File a Defamation Case in India: Step by Step
- Preserve evidence. Save screenshots, URLs, newspaper copies and recordings. For electronic records, obtain the certificate that Section 63 of the Bharatiya Sakshya Adhiniyam requires.
- Send a legal notice. Ask the maker to retract, apologise and pay compensation.
- Choose the forum. File a civil suit for damages, a criminal complaint, or both.
- File the complaint before the Magistrate. Under Section 222 BNSS, only the aggrieved person can start criminal defamation proceedings, through a private complaint.
- Record sworn statements. The Magistrate examines the complainant and witnesses on oath.
- Pre-cognizance hearing. Section 223 BNSS now gives the accused a chance to respond before the court takes cognizance.
- Summons and trial. If the Magistrate finds a case, the court summons the accused and the trial begins.
If someone has sent you a defamation notice, our guide on what to do after receiving a legal notice in India explains how to respond.
Key Case Law on Defamation
Subramanian Swamy v. Union of India (2016): The Supreme Court upheld criminal defamation as constitutional. It treated reputation as part of the right to life under Article 21. The Court also held that police cannot register an FIR for defamation.
The Wire case (Supreme Court, September 2025): While hearing a challenge to summons issued on a JNU professor’s complaint, Justice M.M. Sundresh remarked that the time had come to decriminalise defamation. Section 356 still applies today.
Sashidhar Jagdishan v. State of Maharashtra (Bombay HC, August 2025): The High Court quashed a Magistrate’s notice to the HDFC Bank MD. It held that the Magistrate must first record the complainant’s and witnesses’ statements, and only then hear the accused under Section 223 BNSS.
Professor Niranjana v. State (Karnataka HC, January 2026): The court quashed a police FIR for defamation. It held that the Section 222 BNSS bar applies even when the complainant joins other offences to the defamation charge.
Defences Available to the Accused
An accused can rely on truth for the public good, fair comment, good-faith opinion and privileged communications. The accused may also challenge procedural defects. If the complainant is not the aggrieved person, or the court skipped the pre-cognizance hearing, the accused can seek quashing under Section 528 BNSS.
Frequently Asked Questions
What is the punishment for defamation in India?
Section 356(2) BNS provides simple imprisonment of up to two years, a fine, or both. The court may also order community service.
Can the police register an FIR for defamation?
No. Courts hold that only the aggrieved person can start criminal defamation through a private complaint to a Magistrate under Section 222 BNSS.
Is defamation a bailable offence?
Yes. Criminal defamation is non-cognizable and bailable, so an accused can claim bail as of right.
What is the time limit to file a civil defamation suit?
The Limitation Act generally allows one year from the date of publication. Act quickly, because the court can reject a late suit.
Can I file a defamation case over a social media post?
Yes. Posts on social media, WhatsApp and websites can amount to defamation. You may also ask the platform or the court to take down the content.
Speak to a Litigation Team
Lex Pleaders advises banks, NBFCs, businesses and individuals on civil and criminal defamation, injunctions and quashing petitions, as a law firm in Delhi NCR that appears from trial courts to the Supreme Court. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.