How to File a Defamation Case
in Kolkata
A legal step-by-step guide for Kolkata 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.
Where to file in Kolkata
The forums for a defamation matter in Kolkata, 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 bench | Calcutta High Court, principal seat at Kolkata, sitting on an Original Side and an Appellate Side. Its circuit benches sit at Jalpaiguri and Port Blair. |
|---|---|
| Civil suit for damages or an injunction | A suit arising in the City of Calcutta goes, according to its value, to the City Civil Court, Calcutta or to the Original Side of the Calcutta High Court (s.5, City Civil Court Act, 1953). |
| Criminal complaint under BNS s.356 | The Chief Judicial Magistrate Court, Calcutta, the Additional CJMs and the numbered Judicial Magistrate courts, under the City Sessions Court. Cognizance of BNS s.356 defamation needs a complaint by the person aggrieved (BNSS s.222(1)). |
| E-filing portal | District and city courts in West Bengal: https://efiling.ecourts.gov.in/wb/. Calcutta High Court: https://filing.ecourts.gov.in/ (eFiling 3.0). |
| Free legal aid | DLSA Kolkata, ADR Centre, City Civil Court Building. Under s.12 of the Legal Services Authorities Act, 1987, free legal services go to women, children, SC/ST members and anyone under the notified income ceiling, 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, calcuttahighcourt.gov.in · Civil suit, cdnbbsr.s3waas.gov.in · Criminal complaint, citysessions.dcourts.gov.in · E-filing, calcuttahighcourt.gov.in · Legal aid, nalsa.gov.in · Legal-aid conditions, nalsa.gov.in.
Legal process in Kolkata.
Preserve the evidence: URLs, dates, archives and screenshots.
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.
Legal notice: a notice to the originator often achieves removal without court proceedings.
Criminal complaint: by the person aggrieved, before a Judicial Magistrate of the first class for the place where the content was published or read.
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.
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.
How long does it take to file a defamation case in Kolkata?+
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 Kolkata, the partner law firm files a civil suit in the competent civil court or Calcutta High Court, which has an original side.
Can RepuLex help you file a defamation case in Kolkata?+
Yes. RepuLex takes on this work for clients across West Bengal 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 Kolkata 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 Calcutta High Court, which has an original side, and before Calcutta High Court for writ petitions.
What does it cost to file a defamation case in Kolkata?+
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 Kolkata.
Free assessment · Fixed fee · Calcutta High Court jurisdiction · Written confirmation