Defamation Notice: Drafting and Sending a Legal Notice
A defamation notice is a formal demand that someone withdraw a false statement that harms your reputation. We prepare the draft and evidence file. A practising advocate signs and sends it.
What it is
A defamation notice is a formal letter that says: this statement about me is false, it has damaged my reputation, and I want it withdrawn. It is addressed to the person who made or published the statement, and sometimes to the platform or publication that carried it.
Defamation is both a civil wrong and a criminal offence in India. Section 356 BNS defines the offence and punishes it with simple imprisonment up to two years, a fine, both, or community service. The civil route is a suit for damages. For the wider format of notices, see our legal notice page. The notice here is built around the defamation facts: what was said, where, and what it cost you.
Who it applies to
Professionals and business owners
Think of a Faridabad trader whose rival tells his bank and clients he cheats suppliers. A false review or an allegation sent to a bank can hurt a business within days. A notice is the fastest first response.
Individuals attacked online
Posts, videos or group messages accusing you of something you did not do. Here is the catch: posts get deleted. Preserve the evidence first, then send the notice.
Companies and employees
Ex-employees or competitors who spread false claims. If your business also has contract issues with the person, see our NDA agreement and employment agreement pages.
Why it matters
Puts your demand on record
A dated, signed notice proves you objected promptly. It supports a later suit or complaint.
Often ends the matter
Many people withdraw a statement or apologise once a lawyer’s notice arrives, and that saves the cost of litigation.
Tests your case early
Drafting forces a clear look at what was said, whether it is false and whether an exception might apply.
Civil and criminal defamation compared
| Civil defamation | Criminal defamation | |
|---|---|---|
| Law | Law of torts; suit for damages and injunction | Section 356 BNS |
| Aim | Compensation and removal of the statement | Punishment: up to two years, fine, both, or community service |
| Where | Civil court | Magistrate, on a complaint |
| Time limit | One year under the Limitation Act, 1963 | Generally three years under Section 514 BNSS |
You can pursue both routes, and the notice keeps both open. The ten exceptions in Section 356 matter in the criminal case, and similar defences such as truth and fair comment arise in a civil one.
Documents required
The statement
- Screenshots with date, time and URL
- Printed copy, video or audio recording
- Names and details of the publisher or account
The harm
- Proof of lost business, cancelled contracts or messages from affected people
- Records showing your standing, such as awards or licences
- Bank or client letters that refer to the statement
About you
- Identity and address proof
- Proof of the other party’s address
- Prior correspondence between you and them
How it works
Share the facts and the evidence
Send us what was said, where and when. We check it against the Section 356 exceptions and tell you honestly how strong the position looks.
Prepare the draft
We draft the notice for your review: facts, falsity, harm, and your demand. We keep the tone firm and factual.
Advocate signs and sends
A practising advocate signs the notice and sends it by registered post and email. We keep the postal receipts and tracking.
Follow up on the reply
We log the response or the silence and prepare the next step with the advocate: settlement terms, a suit or a complaint.
Timelines
Evidence capture
Same day. Posts and messages can vanish, so capture them first.
Response window
The notice usually allows 15 to 30 days. Your advocate fixes the period.
Limitation clock
One year for a civil suit and generally three years for a criminal complaint. The notice does not stop the clock.
What happens if the notice is ignored
Civil suit
The advocate can file for damages and an injunction against further publication.
Criminal complaint
A complaint can be filed before the Magistrate under Section 356 BNS. The court decides whether to proceed.
Settlement
If the other side responds with an apology or retraction, you can record the terms in writing and close the matter.
Frequently asked questions
What is a defamation notice?
A defamation notice is a written legal demand sent to the person who made a false and damaging statement about you. It quotes the statement, explains why it is false and harmful, and asks for a retraction, an apology or removal within a stated number of days. A practising advocate signs and sends it. We prepare the draft and the evidence file.
Is a defamation notice compulsory before going to court?
No. Neither a civil suit for defamation nor a criminal complaint under Section 356 of the Bharatiya Nyaya Sanhita (BNS) requires a notice first. In practice, a notice is the standard first step because it records your demand, gives the other side a chance to settle, and shows the court you acted reasonably.
What does the law say about defamation?
Section 356 BNS, in force from 1 July 2024, deals with defamation. Section 356(2) provides simple imprisonment up to two years, or fine, or both, or community service. The section lists ten exceptions, such as truth published for the public good and fair comment. The Supreme Court upheld criminal defamation in Subramanian Swamy v Union of India (2016).
How much time do I have to act?
A civil defamation suit must be filed within one year under the Limitation Act, 1963, generally counted from publication. For a criminal complaint, the limit is generally three years under Section 514 BNSS, which succeeds Section 468 of the CrPC, though a court can excuse delay if properly explained. Do not wait. Evidence and memories fade quickly.
Can I send a notice over a social media post or review?
Yes. Online posts, reviews, videos and messages can all be defamatory. Capture them first with the date, the link and the account details, because posts can be deleted. A notice can go to the person behind the account, and you can also ask the platform to remove the content through its grievance process.
What should the notice contain?
It should identify both sides, quote the exact words or describe the content, give the date and place where it was published, explain why it is false, describe the harm to your reputation, and state what you want. A response window of 15 to 30 days is common practice. Your advocate settles the final wording.
What if the other person ignores the notice?
Silence leaves you free to take the next step. Your advocate can file a civil suit for damages and an injunction, or a criminal complaint before the Magistrate, or both. The unanswered notice becomes part of the record. Many disputes end at the notice stage with a written apology, so it is worth sending.
Can a defamation notice backfire?
It can, if the statement is true, is an honest opinion or falls under one of the ten exceptions. That is why we review the statement and your evidence before drafting. If the facts are weak, your advocate will say so plainly, and we will suggest a milder route, such as a request for a correction.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Court fees apply only if you later file a suit or complaint. The notice itself has no government fee. The advocate’s signing fee and postage are shown in the quote.
Ready to begin?
Send us the statement and where it appeared. We will review it and prepare a draft for your advocate to sign.