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Defamation Legal Notice

A defamation legal notice tells a person that a statement they made or published about you is false and harmful, and asks them to remove it, publish a correction or apology, stop repeating it and, where you choose, pay compensation.

Also called: Legal notice for defamation, Defamation notice, Notice for defamatory post, Cease and desist for defamation, Notice for false allegations

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LEGAL NOTICE FOR DEFAMATION BY REGISTERED POST WITH ACKNOWLEDGMENT DUE / SPEED POST / EMAIL Date: [notice_date] To, [recipient_name] [recipient_address] Subject: Legal notice for defamation of [sender_name] Sir/Madam, On behalf of [sender_name], residing at [sender_address] (the "Sender"), this notice is served upon you as follows: 1. THE STATEMENT You made and published the following statement about the Sender: "[statement]" 2. PUBLICATION [publication] 3. THE STATEMENT IS FALSE [why_false] 4. HARM CAUSED 4.1 The statement refers to the Sender and lowers the Sender's reputation in the eyes of those who saw or heard it. 4.2 [harm] 5. DEMAND You are called upon, within [compliance_days] days of receiving this notice: [demands] and to pay the Sender compensation of Rs. [compensation_amount] for the harm caused. 6. CONSEQUENCES 6.1 If you fail to comply, the Sender will take such proceedings as the Sender is advised, which may include a suit for damages and an injunction, and a complaint for the offence of defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023, entirely at your risk as to costs. 6.2 You are advised not to repeat or republish the statement in any form. 7. This notice is without prejudice to the Sender's other rights and remedies, all of which are reserved. Yours faithfully, [advocate_name] Advocate For and on behalf of [sender_name] (or, if sent yourself: [sender_name])

Notes on using this document

Guidance for you while you fill it in. These notes are not printed in the downloaded document.

NOTES

  • From 1 July 2024, criminal defamation is Section 356 of the Bharatiya Nyaya Sanhita, 2023 (Sections 499 and 500 of the Indian Penal Code before that). Statements made before 1 July 2024 fall under the old sections.
  • A court takes up criminal defamation only on a complaint by the person defamed (Section 222, Bharatiya Nagarik Suraksha Sanhita, 2023). The police do not register it on their own.
  • A civil suit for damages must be filed within one year: from publication for written or online statements (Article 75, Limitation Act, 1963), and from when the words were spoken for slander (Article 76).
  • The law recognises exceptions, such as a true statement made for the public good and fair comment on public conduct. Ask an advocate whether one may apply before you send the notice.
  • Keep screenshots with dates and links, and the names of people who saw or heard the statement. For a post on a platform, you can also report it to the platform's grievance officer.
  • If you do not claim compensation, delete the compensation sentence in clause 5 before sending.

Defamation Legal Notice: what it is

A defamation legal notice tells a person that a statement they made or published about you is false and harmful, and asks them to remove it, publish a correction or apology, stop repeating it and, where you choose, pay compensation. No law requires a notice before a defamation case, but it often ends the matter quickly and records your objection early.

When you need this document

  • Someone posted false allegations about you or your business on social media, a review site or a group chat.
  • A former partner, employee, customer or competitor is telling others something untrue that is costing you work or standing.
  • A newspaper, channel or website published a false report about you and has not corrected it.
  • You want the statement taken down before deciding whether to sue or file a complaint.

What it covers

  • The exact words, and where, when and to whom they were published or spoken.
  • Why the statement is false.
  • How it has harmed you.
  • Your demands: removal, a correction or apology in the same place, an undertaking not to repeat it, and compensation if claimed.
  • The time given to comply and the action you may take: a civil suit and a criminal complaint under Section 356 of the Bharatiya Nyaya Sanhita, 2023.
  • A reservation of rights and the signature.

How to fill, sign and use it

  1. Preserve the evidence first: screenshots with dates and links, copies of the publication, and the names of people who saw or heard it.
  2. Fill in the form on this page with the exact words and why they are false.
  3. Decide whether you will claim compensation; if not, remove that sentence before sending.
  4. Have an advocate review the notice, because defamation has exceptions (such as truth for the public good) and the notice itself must not defame anyone.
  5. Send it by Registered Post with Acknowledgment Due or Speed Post, and by email where you have one.
  6. Note the dates: a civil suit must be filed within one year of publication.

Documents to attach or keep with it

  • Screenshots or copies of the statement, with dates and links (copies; keep the originals)
  • Documents that show the statement is false, if you choose to enclose them

The law behind it

Criminal defamation is Section 356 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024, which replaced Sections 499 and 500 of the Indian Penal Code; it is punishable with simple imprisonment of up to two years, a fine, both, or community service. A court takes cognizance only on a complaint by the person aggrieved (Section 222, Bharatiya Nagarik Suraksha Sanhita, 2023). A civil suit for damages is a separate remedy and must be filed within one year: from publication for libel (Article 75, Limitation Act, 1963) and from when the words were spoken for slander (Article 76). The Supreme Court upheld criminal defamation in Subramanian Swamy v Union of India (2016).

Common mistakes to avoid

  • Not saving the evidence before asking for the post to be removed.
  • Quoting the statement loosely instead of exactly.
  • Threatening criminal action in words that themselves harm or insult the other person.
  • Waiting more than a year after publication, which bars a civil suit for damages.
  • Ignoring a recognised exception, such as a true statement made for the public good.

Defamation Legal Notice: frequently asked questions

Is a legal notice required before a defamation case?

No. You can file a criminal complaint or a civil suit without one. A notice often gets the statement removed faster and shows you objected at once.

Which section covers defamation now?

Section 356 of the Bharatiya Nyaya Sanhita, 2023, from 1 July 2024. Statements made before that date fall under Sections 499 and 500 of the Indian Penal Code.

How long do I have to sue for damages?

One year: from publication for a written or online statement, and from when the words were spoken for slander (Articles 75 and 76, Limitation Act, 1963).

Can the police register an FIR for defamation?

No. A court takes up defamation only on a complaint made by the person defamed (Section 222, Bharatiya Nagarik Suraksha Sanhita, 2023).

Last updated 9 November 2026.

General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.

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