How to File a Defamation Case in India? Step-by-Step Guide

Defamation shows how powerful words are and the profound impact they can have on you. Words can make or break your reputation. We live in a world where word of mouth plays a huge role in shaping our perception. However, bad choices of words or statements can have a huge impact in harming the reputation of an individual.  

Who will be held accountable for this loss?  

Defamation attacks your respect and dignity. If you are a respected and valuable person in society, it can tarnish your whole standing. To save you from such tragic fate, there comes defamation laws to protect you from these attacks. 

In this blog, you will know about these defamation laws and how to file a defamation case in India. Let’s get to understand it in more detail. 

What is Defamation? 

Under section 356 of BNS, Defamation refers to any act that is done by anyone, by words spoken or written, or by signs or visual representation, make or publish, in any manner imputing to harm the reputation of other person.  

Types of Defamation 

1. Libel 

Libel is the type of defamation with written or published statements, including articles, books, social media or any content that is written. In libel defamation, damage to reputation is presumed. The affected party does not have to prove the damage as a written statement serves as evidence. 

2. Slander 

Slander is the type of defamation that is done through spoken words. The damage is hard to prove. Here, the damage to the plaintiff’s reputation should be proved. 

Essential Elements of Defamation  

1. Publish: The statement must be published or shared with a third party. The statement is made known to someone other than the defamed person. 
2. False Statement: The defamatory statement, spoken or written, must be a false statement then only it is considered to uphold the defamatory allegation. 
3. Injury: The intent was to harm the reputation of the plaintiff. 
4. Imputation about Deceased person: If any statement is published with the intent to harm the feelings or reputation of closed family members of the deceased person, it is considered Defamation. 

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Steps to file a Defamation Case in India 

The procedure to file a defamation case are mentioned below: 

1. Ensure you have a valid defamation case 

There are certain standard elements which are used to define Defamation cases. Not all utter nonsense sentences can be considered defamation statements. To check if there is an actual defamatory claim, certain things should be considered:  

1. False Statement 
2. Actual harm to the reputation of plaintiff 
3. Negligence before saying the statement 
4. Defamatory statement should be shared with third person 

Some statements that don’t need to be proved to have harmed the reputation of the plaintiff. These are called Defamation Per Se. 

Some statements don’t have a direct impact on the reputation of the plaintiff but with some context it can be harmful. These statements are called Defamation Per Quod.  

2. Gather evidence 

It is important to have enough evidence to prove the plaintiff’s claim. The evidence for defamation cases should be gathered before it can disappear from the public domain. The evidence includes written documents, videos or any screenshots.  

3. Send a legal notice 

A legal notice for defamation is sent out to the person who made the defamatory statement. This notice should contain the defamatory statement, the harm it has caused and an apology or retraction of the statement. This step can lead to resolution sometimes.  

4. File the complaint 

If the matter is not resolved by just a notice, then the plaintiff should file the complaint in court. Both Plaintiff and Defendant should gather and exchange evidence. 

5. Consider Appeal 

If either of the parties is not satisfied with the decision they can appeal to the higher court. 

Cyber Defamation 

Cyber Defamation is publishing defamatory material against another person via the internet. When a person publishes something defaming about the other person on a website or via emails to harm the reputation of the other person it is considered Cyber Defamation. 

Under section 67 of the IT Act 2000, if a person publishes or transmits something to be published through an electronic form that is of prurient interest or tends to deprave shall be punished. 

Legal Remedies of Defamation 

1. Damages: If the defamed person files a suit against the person defaming and the court gives orders in favor of the defamed person then monetary compensation or damage is awarded to be paid for damage of reputation. 
2. Retraction: The defamed party can demand public retraction of defamatory statements and an apology from the person defaming. 
3. Injunction: The defamed person can send warnings or seek injunctions to prevent ongoing defamation. 

Landmark Judgements 

1. Ram Jethmalani v/s Subramaniam Swamy  

Summary: Ram Jethmalani, a renowned politician and lawyer filed a defamation case against Subramaniam Swamy for making defamatory statements against him. Subramaniam Swamy claimed that Ram Jethmalani was receiving money from a banned organization, LTTE. It was done to protect the reputation of the Tamil Nadu's CM in Rajeev Gandhi’s assassination. Delhi High court found Subramaniam Swamy’s statement defamatory.  

2. M.J. Akbar v/s Priya Ramani 

Summary: The complainant, M.J. Akbar accused journalist Priya Ramani of publishing defamatory statements against him. While the accused was raising her voice against workplace harassment by the complainant. The complainant made the point that it damaged his reputation in his social circle, and it is impacting his political career. 

However, the court did not convict the accused as according to the court the right of reputation cannot be protected over the right of life and dignity of women as guaranteed in the Constitution of India. 

3. Queen-Empress v/s Taki Hussain 

Summary: It was a landmark case which changed the paradigm of defamation in India. In this case, Taki Hussain sent a defamatory letter to a government official. Since the letter was sent directly to the defamed person, the court did not consider it to be a defamation case. It became a landmark judgement as the court clarifies the difference between Libel and Defamation. The court in its judgement also emphasized the importance of intent behind the statement to consider it defamatory. 

Conclusion 

Defamation laws safeguard you from any harm to your reputation. They remind us of the power of words.  

Defamation laws are holistic in nature, covering every aspect of defamation to save a person’s respect from getting tarnished. Defamation can be considered in both ways spoken or written. There are certain essential elements that should be considered while filing a defamation case.  

Cyber defamation is rising with the rise in technology. It is complex yet necessary for you to understand the nuances of them to know how the procedure works. 

On Digilawyer, you can understand how to file a defamation case in India in detail. Your AI friend can help you get hang of Defamation laws in India. It can also help you generate legal notice as per your requirement. 

FAQs About Defamation Cases in India 

On what grounds can a defamation case be filed? 

Defamation cases can be filed if the intent of the person defaming is to harm the reputation of another person by publishing false statements. 

Is a defamation case civil or criminal? 

Defamation cases can be of both a civil and a criminal nature. 

What is the time limit of filing a defamation case in India? 

The time limit of filing a defamation case in India is 1 year from the date of publishing of the defamatory statement.