How to File a Defamation Case in India
A practical guide to filing both civil and criminal defamation cases in India — jurisdiction, procedure, timelines, and what to expect.
In This Guide
- 01Civil vs Criminal Defamation: Which to Choose
- 02Which Court Has Jurisdiction?
- 03What You Need to File
- 04Realistic Timelines
Civil vs Criminal Defamation: Which to Choose
Criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita 2023 (formerly Sections 499/500 IPC) is filed before a Magistrate as a complaint case. It is slower, but a summons requires the accused to answer the complaint, it creates a public record, and it can result in imprisonment. It is most effective as leverage, particularly where the poster is identifiable.
Civil defamation in the competent civil court is typically faster for obtaining interim injunctions and content removal orders. It also allows John Doe orders for anonymous posters and monetary damages. Most online reputation cases are better served by civil action, often supported by a simultaneous criminal complaint.
Which Court Has Jurisdiction?
For criminal defamation, the person aggrieved files a private complaint before a Judicial Magistrate First Class in the jurisdiction where the defamatory content was published (BNSS s.222); the offence is non-cognisable.
For civil cases involving online defamation, the suit starts in the competent civil court. Only the Delhi, Bombay, Calcutta and Madras High Courts have an original civil side, and only for their seat city (in Delhi, above the High Court's pecuniary limit); elsewhere the suit is filed in the civil court. A writ petition to a High Court under Article 226 is a separate remedy, not the forum for a defamation suit.
What You Need to File
For civil suits: a plaint identifying the parties, the specific defamatory content (with URLs and screenshots), the false statements complained of, the harm caused, and the relief sought (injunction, removal, damages). An application for interim injunction is filed simultaneously.
For criminal complaints: a complaint to the Magistrate identifying the accused (or "unknown person" for John Doe cases), the defamatory statement, how it was published, and the harm. The complainant is examined on oath under BNSS s.223.
Realistic Timelines
Once a court order is served on a platform, the platform must act on it within three hours under Rule 3(1)(d) of the IT Rules 2021.
Criminal defamation proceedings before a Magistrate are slower, and the full hearing process takes months to years. The criminal route is used primarily for its deterrent and leverage value, not for speed.