How to File a Defamation Case
in India
A legal step-by-step guide for individuals and businesses across India. A civil suit with an interim injunction is what takes content down quickly, while a criminal complaint under BNS 2023 s.356 (formerly IPC 499/500) can end in a conviction but removes nothing by itself.
The legal process.
Gather evidence: preserve all defamatory content with URLs, dates, archives, and screenshots.
Assess criminal vs civil route: a criminal complaint under BNS 2023 s.356 (formerly IPC 499/500), or a civil suit for an injunction and damages. The partner law firm advises on the route based on the content and objectives.
Pre-litigation notice: a formal legal notice to the originator citing BNS s.356 often achieves removal without court proceedings.
Criminal complaint: only the person aggrieved can complain (BNSS s.222), before a Judicial Magistrate of the first class for the place where the content was published or read.
Urgent injunction (if needed): for ongoing viral harm, a civil suit is filed with an interim-injunction application, in the High Court where it has original civil jurisdiction and otherwise in the competent civil court.
File Defamation Case — by city
The court for a civil suit, the Magistrate for a criminal complaint and the court fee depend on the city and its State. Each city guide below sets out the forums for that city, with sources, and the cities page groups every city under its High Court.