Legal notices
Legal notice for defamation
If someone has said or published something false that harms your reputation, a legal notice usually asks them to stop, remove it, apologise, and in some cases pay compensation. It is not required by law, but it often ends the matter, and it records your objection early.
Law checked on 9 November 2026.
Want an advocate to draft or send your notice? Tell us what it is about. Sending an enquiry is free. It goes to advocates who handle this kind of matter.
- Criminal law
- BNS Section 356 (IPC 499 and 500 before 1 July 2024)
- Who can complain
- Only the person defamed (BNSS s.222)
- Civil suit for damages
- Within one year of publication
- Punishment
- Up to 2 years, fine, or community service
The law now
From 1 July 2024, criminal defamation is Section 356 of the Bharatiya Nyaya Sanhita, 2023, which replaced Sections 499 and 500 of the Indian Penal Code. The definition and its exceptions are much the same: truth said for the public good, fair comment on public conduct, a fair report of court proceedings, and others. The punishment is simple imprisonment of up to two years, a fine, both, or community service.
A court takes up criminal defamation only on a complaint by the person defamed (Section 222, Bharatiya Nagarik Suraksha Sanhita, 2023, formerly Section 199 of the Code of Criminal Procedure). It is not something the police register on their own. The Supreme Court upheld criminal defamation in Subramanian Swamy v Union of India (2016).
Two routes after the notice
- A criminal complaint before the Magistrate. Before taking cognizance, the Magistrate gives the accused a chance to be heard (Section 223, BNSS).
- A civil suit for damages or an injunction. The limit is one year: from publication for a written or online statement (libel, Article 75 of the Limitation Act, 1963), and from when the words were spoken for slander (Article 76).
What the notice should say
For a post on a social media platform, you can also report it to the platform's grievance officer under the IT Rules, 2021, alongside the notice.
- The exact words, where and when they were published or spoken, and to whom. Keep screenshots with dates and links.
- Why they are false, and how they harmed you (lost work, clients, standing).
- What you want: removal, a correction or apology published the same way, an undertaking not to repeat it, and compensation if you intend to claim it.
- A deadline, and the action you will take if it passes.
Received a defamation notice
Do not repeat the statement while you decide. If what you said was true and for the public good, a fair comment, or another recognised exception, say so in a calm reply. If it was a mistake, a prompt correction or apology often ends the matter. Take advice before replying if a case is threatened, because the reply can be used in court.
Other legal notices
Talk to an advocate about your notice Tell us what the notice is about, or what you want to claim. Sending an enquiry is free. It goes to advocates who handle this kind of matter, and your number goes only to those who open it.
Questions people ask
Is a legal notice required before a defamation case?
No. You can file a criminal complaint or a civil suit without one. A notice often gets the statement removed faster and shows you objected at once.
Which section covers defamation now?
Section 356 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Statements made before that date fall under Sections 499 and 500 of the Indian Penal Code.
How long do I have to sue for damages?
One year: from publication for a written or online statement, and from when the words were spoken for slander (Articles 75 and 76, Limitation Act, 1963).
Can the police register an FIR for defamation?
No. A court takes up defamation only on a complaint made by the person defamed (Section 222, BNSS).
General information on Indian law, not legal advice for your situation. Time limits and procedure can turn on facts and on State law; an advocate can tell you how they apply to you.