Delhi · Legal Guide

How to File a Defamation Case
in Delhi

A legal step-by-step guide for Delhi residents and businesses. 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.

Legally reviewedReviewed for legal accuracy by Advocate Subodh Bajpai, Delhi High Court · Legal Advisory Board Member, RepuLex. Regulated legal work is delivered by partner law firm Unified Chambers And Associates.
Courts and forums

Where to file in Delhi

The forums for a defamation matter in Delhi, each condensed from the official page or statute linked under Sources. Pecuniary limits, court fees and portals change by amendment and notification, so the Sources line gives the date they were read.

High Court and seat or benchDelhi High Court, which under s.5(1) of the Delhi High Court Act, 1966 exercises original, appellate and other jurisdiction over the NCT of Delhi.
Civil suit for damages or an injunctionSuits valued above Rs 2 crore go to the Delhi High Court on its ordinary original civil side (s.5(2), Delhi High Court Act, 1966, as amended by Act 23 of 2015). Suits up to Rs 2 crore go to the competent civil court of the Delhi district courts.
Criminal complaint under BNS s.356A Judicial Magistrate First Class in the relevant Delhi district court; the former CMM/ACMM/MM courts were redesignated by a Delhi High Court order of 01.07.2024. Cognizance of BNS s.356 defamation needs a complaint by the person aggrieved (BNSS s.222(1)).
Court-fee statuteThe Court-fees Act, 1870 as in force in Delhi: damages under s.7(i), ad valorem on the amount claimed (Schedule I, Article 1); an injunction under s.7(iv)(d), on the value the plaintiff states in the plaint.
E-filing portalDistrict courts: the eCourts portal, https://filing.ecourts.gov.in/pdedev/. Delhi High Court: its own e-Filing Management System, https://dhcefiling.nic.in/eFiling/ (helpline 14611).
Free legal aidEach Delhi judicial district has a DLSA. Under s.12 of the Legal Services Authorities Act, 1987, free legal services go to women, children and anyone with annual income less than Rs 3 lakh (Rs 4 lakh for senior citizens and transgender persons), among others. The legal services authority must also be satisfied that there is a prima facie case (s.13), and the income ceiling is the higher amount the State Government prescribes under s.12(h).

Sources, read : High Court, indiacode.gov.in · Civil suit, indiacode.gov.in · Criminal complaint, delhicourts.nic.in · Court fee, indiacode.gov.in · E-filing, delhihighcourt.nic.in · Legal aid, dslsa.org · Legal-aid conditions, nalsa.gov.in.

Step by Step

Legal process in Delhi.

Jurisdiction
Delhi High Court
Delhi · IT Act 2000
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1

Preserve the evidence: URLs, dates, archives and screenshots.

2

Choose the route: a criminal complaint under BNS 2023 s.356 (formerly IPC 499/500), a civil suit, or both. The partner law firm advises on which.

3

Legal notice: a notice to the originator often achieves removal without court proceedings.

4

Criminal complaint: by the person aggrieved, before a Judicial Magistrate of the first class for the place where the content was published or read.

5

Civil suit: for an injunction and damages, with an interim-injunction application where the harm is ongoing.

Each step in full: How to File a Defamation Case in India.

Why the Legal Route

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.

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FAQ
How long does it take to file a defamation case in Delhi?+

A criminal complaint or a civil suit runs on the court's calendar and usually takes months to decide. Interim relief is faster: where urgency is shown, a court can grant an injunction against the content at an early hearing. For Delhi, the partner law firm files a civil suit in the competent civil court or Delhi High Court, which has an original side.

Can RepuLex help you file a defamation case in Delhi?+

Yes. RepuLex takes on this work for clients across Delhi and the rest of India; legal notices and court filings are drafted and served by the partner law firm. The IT Act 2000 and the IT Rules 2021 apply to every intermediary offering services in India, wherever the platform is hosted, so a notice for a Delhi client runs the same way as one sent from anywhere else. Where a court order is needed, the partner law firm files in the competent civil court or Delhi High Court, which has an original side, and before Delhi High Court for writ petitions.

What does it cost to file a defamation case in Delhi?+

This work is not priced per URL. After the free case assessment it is scoped and quoted as a fixed fee before any commitment, and there is no monthly retainer. The per-URL removal rates are on the pricing page.

Need help? RepuLex handles it for you in Delhi.

Free assessment · Fixed fee · Delhi High Court jurisdiction · Written confirmation