For a false, damaging statement made about you -- in person, in print, or increasingly on social media -- India recognises both a criminal complaint and a separate civil suit for damages, and you can pursue either or both.
1. Identify what was said/published and preserve evidence immediately.
Screenshot the post/message/article with visible timestamps and URLs -- social media content can be deleted quickly, so capture it as soon as you become aware.
2. Decide between the criminal and civil route, or both -- they are independent.
A criminal complaint seeks punishment of the person who defamed you; a civil suit seeks monetary damages for the harm caused to your reputation. Filing one does not bar the other.
3. For the criminal route, file a complaint directly before a Magistrate.
Defamation under BNS s.356 (successor to IPC ss.499-500) is generally not a cognizable offence -- police typically won't register an FIR or investigate on their own; the standard route is a private complaint filed directly before a Judicial Magistrate under BNSS s.223 (successor to CrPC s.200), who examines you and any witnesses before deciding whether to proceed.
4. Know the recognised exceptions where a statement is NOT defamation.
BNS s.356's exceptions cover, among others, a true statement made for the public good, fair comment on a public matter, and a statement made in good faith about a person's conduct in the discharge of public functions -- a court examines whether an exception applies before finding defamation.
5. For the civil route, send a legal notice, then file a suit for damages if unresolved.
A civil suit for defamation is filed in the ordinary civil court, seeking monetary compensation for damage to reputation -- often preceded by a legal notice demanding a retraction/apology, which can itself sometimes resolve the matter without litigation.
6. For online defamation, also consider reporting to the platform.
Most platforms will remove clearly defamatory content on a formal report or a court order/legal notice, providing a faster practical remedy alongside the criminal/civil process.
7. Understand punishment/damages are not automatic or guaranteed.
A criminal conviction can mean simple imprisonment up to 2 years, a fine, or both; a civil court decides damages based on the actual harm shown -- neither outcome is guaranteed, and truth or a recognised exception is a complete defence.
Handled by: Judicial Magistrate First Class (criminal complaint); Civil Court (damages suit)
Who can use this: Anyone whose reputation has been harmed by a false statement made, published, or spoken by another person, in any medium.
This does not cover: Does not cover a genuine, good-faith opinion or fair comment on a public matter -- BNS s.356's own exceptions protect this. Does not cover a workplace/service-related grievance framed as defamation without an actual defamatory publication. Does not guarantee content removal from a platform -- that depends on the platform's own policies or a court order.
Time limit: Criminal complaint: no fixed filing deadline under BNS, though a Magistrate examines delay in deciding whether to proceed. Civil suit for damages: 1 year from the date of the defamatory statement. (Limitation Act, 1963, Article 75)
Cost: Court fee for a civil suit is ad valorem, based on the damages claimed; a criminal complaint before a Magistrate has a nominal fee.
You'll need:- The exact statement made and where/when it was published
- The identity of the person who made the statement, if known
- How the statement has harmed your reputation
- Whether you have already sent a demand/legal notice
- Any witnesses to the statement, if made verbally
Documents that help:- Screenshots/printouts of the defamatory content with visible timestamps/URLs
- Any legal notice already sent and proof of delivery
- Evidence of actual harm (lost business, social/professional consequences)
- Witness statements, for a verbal statement
What happens after: A criminal complaint, if the Magistrate takes cognizance, proceeds to trial with the possibility of imprisonment up to 2 years and/or a fine on conviction. A civil suit, if successful, results in a damages award; either can also be settled at any stage, including through a retraction/apology.
These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.
Criminal complaint for defamation
Judicial Magistrate First Class
Section 356 of the Bharatiya Nyaya Sanhita, 2023 (successor to IPC ss.499-500) lets a person defamed by a false statement file a private criminal complaint seeking punishment of the maker, subject to the section's own recognised exceptions (truth for the public good, fair comment, good-faith statements about public conduct).
Civil suit for damages
Civil Court
A civil suit for defamation lets a person seek monetary compensation for the actual harm caused to their reputation, independently of any criminal complaint, generally within 1 year of the statement under Article 75 of the Limitation Act, 1963.
Content removal via platform report or legal notice
The platform itself
Most platforms will remove content found to violate their own defamation/harassment policies on a formal report, or on a legal notice/court order -- a practical remedy available alongside the criminal/civil process, though not itself a legal right to removal.
Can I get someone arrested immediately for defaming me on social media?
No, not automatically. Defamation under BNS s.356 is generally not a cognizable offence, so the police won't investigate or arrest on their own -- you file a private complaint directly before a Magistrate, who examines you and any witnesses before deciding whether to proceed.
Is criticising a public figure's work or a business's service always defamation?
No. Fair comment on a public matter, and a true statement made for the public good, are both recognised exceptions under BNS s.356 -- honest criticism and genuine opinion are generally protected, though the line depends on the specific facts.
Can I sue for defamation AND file a criminal complaint for the same statement?
Yes. The criminal complaint and the civil suit are independent remedies -- one seeks punishment, the other seeks monetary compensation -- and pursuing one does not bar the other.
How long do I have to file a civil defamation suit?
Generally 1 year from the date of the defamatory statement, under Article 75 of the Limitation Act, 1963 -- don't delay if you intend to pursue civil damages.
Will the platform take down a defamatory post just because I ask?
Not guaranteed on a bare request, but most platforms will act on a formal report citing their own policies, or on a court order/legal notice -- send a legal notice and report through the platform's own process in parallel for the best chance of removal.
Doesn't criminalising defamation violate free speech?
No -- in Subramanian Swamy v. Union of India, (2016) 7 SCC 221, the Supreme Court directly considered and rejected this challenge, upholding BNS s.356's predecessor (IPC ss.499-500) as a reasonable restriction on free speech under Article 19(2), given the equally fundamental right to reputation under Article 21.
Governing law: Bharatiya Nyaya Sanhita, 2023, s.356 (successor to IPC ss.499-500)
Source: Bharatiya Nyaya Sanhita, 2023, s.356 (successor to IPC ss.499-500); Limitation Act, 1963, Article 75. Subramanian Swamy v. Union of India, (2016) 7 SCC 221.
Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.
Dealing with this yourself?
Track it in your own Aadhrix -- keep the documents, dates, and follow-ups together in one place, free.
Track this in your own Aadhrix