How to File Defamation Case in India?

Defamation is a legal term that deals with injury to a person's reputation through false words. Defamation in India can be either a civil crime or a criminal offense. Civil defamation deals with compensation for damages, whereas criminal defamation deals with imprisonment, fines, or both. Statements can be classified as slander or libel. Defamation laws seek to balance the freedom of speech with the protection of people from false and malicious statements so that justice is delivered while reputation and dignity are protected.

Understanding Defamation

In India, defamation can be a civil crime or a criminal offense. In civil law, defamation is essentially the act of harming another person's reputation and the statement should be false and derogatory. As per the criminal law, if a person is found guilty of defamation he or she will face both jail time and the possibility of having to pay restitution. To establish a criminal offense, it is necessary to prove that the intention to defend the person was essentially there; it can either be slander or libel, depending on the statement.

In India, any individual who believes they have been defamed can file a defamation case. This could be the person directly affected by the defamatory statement or someone authorized to act on their behalf, such as a legal representative.

Types Of Defamation

The two types of defamation are:

1. Slander

Slander means publication of a defaulter statement in the written form. For instance, anything that is oral or any gesture that might harm the reputation of a person shall be considered as slander. In the matter of Hirabai Jehangir vs Dinshaw Edulji, remarks were made about the chastity of a woman and there was no requirement to prove the special damages.

2. Libel

It denotes any kind of representation in a permanent form, something which is written, printed, or picturized. It can be in any form, like newspaper articles, magazine stories, online posts, and social media comments. A false statement must result in harm to the reputation of the person or entity and might result in financial loss or damage to the reputation of the person.

There are some differences between the Libel and the Slanders. In the criminal sense, libel is punishable whereas slander is not. Slander is actionable in case of special damages under the law of torts. Unlike English law, Indian law doesn't differentiate between libel and slander.

Essentials

The essentials of defamation are:

Defamatory Statement

To constitute defamation, the statement subjected to any person should cause you humiliation, disrespect, or contempt. In a landmark case, the defendant said in written proof that the plaintiff had received money from LTTE, which is a band organization, and found it to be defamatory.

The Statement Must Refer To Plaintiff

To prove the defamation, the statement should be made to the person filing the suit and the intention shall remain immaterial. An article was published in the London Express Newspaper saying that Harold Newstead, who was a Camberwell man, was convicted of bigamy. The case was filed by another person with the same name who was a barber, and it was held that the article did not provide complete information, as a result of which it was seen as a reference to the plaintiff.

The Statement Must Be Made Public

A civil action would be taken when the defamatory statement is made known to a third person, apart from the person to whom it is referred. A private letter containing false information addressed to a person shall not be defamation.

There are certain defenses which do not amount to defamation, such as:

• A true statement or a justified one;

• Fair comment in the public interest;

• Parliamentary or Judicial Proceedings;

• State Communications;

• A statement made in the discharge of a duty.

Legal Remedies Available To The Plaintiff

Section 356 of the Bhartiya Nyaya Sanhita (BNS) talks about defamation and its exceptions. The provision criminalizes defamation, thus highlighting importance of protecting an individual’s reputation.

Grounds For Filing A Defamation Case

In India, the following grounds can be followed to file a defamation suit in a court of law:

• When something negative has been said about you either verbally or in writing;

• The statement or defamatory content was released or shared with a third party;

• Damage to reputation has happened due to defamatory statements;

• There is no defense or rationale behind it.

It is important to act promptly in such a situation, as there is a limited period for filing a defamation case.

Procedure To File A Defamation Lawsuit

When considering filing a defamation case, plaintiffs have several options available including initiating either a civil suit or a criminal suit

Filing Of A Civil Suit

Section 19 of the Civil Procedure Code 1908 allows you to file a civil suit against a civil wrong done to a person and where the personal rights of an individual are infringed. The procedure for filing a civil defamation suit is governed by the CPC and generally involves the following steps:

1. Drafting the Plaint

The first and most crucial step is drafting the plaint. This is a formal written statement outlining the plaintiff's claim. It should include:  

• Court Details: The name of the court where the suit is being filed (jurisdiction depends on the location of the cause of action or the defendant's residence).  

• Details Of Parties: The names, addresses, and descriptions of the plaintiff and the defendant(s).  

• Facts of the Case: A clear and concise narrative of the defamatory statement(s), when and where they were made, and how they were published.

• Cause of Action: A statement explaining how the defamatory statement has harmed the plaintiff's reputation. 

• Relief Sought: The specific remedies the plaintiff is seeking, primarily monetary compensation for damages. This should be a quantified amount.

• Verification: A statement by the plaintiff verifying the truth of the contents of the plaint.

2. Filing The Plaint

The plaint is then filed in the appropriate court along with the prescribed court fees. The court fees vary depending on the value of the suit (the amount of damages claimed).  

3. Issuance Of Summons

Once the plaint is accepted, the court issues summons to the defendant(s), directing them to appear before the court on a specified date. The summons is served upon the defendant(s) by a court official or through other legally recognized means.

4. Defendant's Written Statement

The defendant(s) must file a written statement in response to the plaint within a specified timeframe. This statement outlines their defense against the plaintiff's claims. They may deny making the statement, argue that it wasn't defamatory, or assert a valid defense like truth or fair comment.

5. Replication By The Plaintiff

If the defendant's written statement raises new points or defenses, the plaintiff has the opportunity to file a replication, which is a rejoinder to the defendant's statement.  

6. Framing Of Issues

Based on the pleadings (the plaint, written statement, and replication), the court frames the issues that need to be decided in the case. These issues are the central points of contention between the parties.  

7. Evidence And Trial

Both parties are given the opportunity to present evidence to support their respective claims. This may include oral testimony from witnesses, documentary evidence, and other relevant material. The trial proceeds with examination and cross-examination of witnesses.  

8. Arguments

After the evidence is presented, both parties' lawyers present their arguments to the court, summarizing the evidence and applying the relevant law.

9. Judgment

The court then delivers its judgment, deciding whether the defendant is liable for defamation and, if so, awarding damages to the plaintiff.

10. Execution Of The Decree

If the court rules in favor of the plaintiff and awards damages, the defendant is obligated to pay the amount. If the defendant fails to pay, the plaintiff can initiate execution proceedings to enforce the decree.

Filing Of A Criminal Suit

The BNS, in Section 356, defines defamation and prescribes punishments, while the BNSS provides the procedural framework for prosecuting such cases. Here's a breakdown of the proposed procedure:

1. Filing A Complaint (BNSS Section 222)

• Aggrieved Person: Only the person who has been defamed, or someone authorized by them (like a legal representative), can file a criminal defamation complaint. This prevents frivolous or malicious complaints by third parties.  

• To the Magistrate: The complaint is filed before a Magistrate of the First Class. It should contain all the necessary details of the alleged defamation, including:

  • The defamatory statement (words, signs, or visible representations).  

  • The date, time, and place of publication.

  • The names and addresses of the accused and any witnesses.

  • How the statement harmed the complainant's reputation.

• Verification: The Magistrate will examine the complaint and may examine the complainant and witnesses on oath to verify the allegations.

2. Cognizance by the Magistrate (BNSS Section 222)

• Preliminary Inquiry: If the Magistrate finds sufficient grounds to proceed, they may order a preliminary inquiry into the matter. This may involve gathering further evidence or recording statements from witnesses.

• Issuance of Process: If, after the inquiry (if any), the Magistrate believes there is sufficient evidence to proceed, they will issue a summons or warrant to the accused person to appear before the court.

3. Trial

• Framing of Charge: Once the accused appears, the Magistrate will frame a formal charge, explaining the specific offense they are accused of.

• Evidence: The prosecution (on behalf of the complainant) will present evidence to prove the accused's guilt. The accused will then have the opportunity to present their defense.

• Judgment: After hearing both sides, the Magistrate will deliver a judgment. If the accused is found guilty, they may be punished with simple imprisonment for up to two years, a fine, or both, as per Section 356 of the BNS.

Conclusion

For every person, reputation and goodwill are invaluable assets, and any damage to them on false and frivolous grounds should warrant a judicial remedy. Even though the law of torts does not function extensively in India, the Indian Penal Code and Civil Procedure Code provide routes to seek legal remedies against any kind of defamation. It is advisable to consult a lawyer for defamation cases to navigate these legal processes effectively.

Case Laws

A few case laws based on defamation are as follows:

Subramanian Swamy vs Union Of India

The case challenged the constituional validity of defamation as an offence as per the Indian Penal Code (now the Bhartiya Nyaya Sanhita). It was contended by the petitioners defamation as an offence breaches the right to free expression and speech as per Article 19(1)(a) of the Indian Constituion since it was an integral part of the democracy. The respondents highlighted the importance of the right to reputation as it was protected under Article 21 of the Indian Constitution. The Supreme Court judges bench upheld the constitutionality of the offence of defamation as per the BNS (then IPC).

Chaman Lal vs State Of Punjab

In this case, then President of the Municipal Corporation sent a letter containing defamatory remarks against a nurse of a local hospital. The nurse filed defamation case against the accused as per Section 499 of the IPC. The accused specified the imputations were true and made by him in a good faith, thus sending imputations to the lawful authority. The Supreme Court awarded two month simple imprisionment to the accused and laid down the basis of establishing the good faith as mentioned in Section 499 of the IPC.

FAQs

A few FAQs based on how to file defamation case in India are:

Q1. How can I file civil defamation suit in India?

Draft a plaint that outlines the defamatory statement, its impact, and your desired compensation amount. File the plaint in a relevant court and follow the procedures outlined in the CPC such as issuing summons, exchanging written statements, delivering evidence, and getting a judgement.

Q2. What is the punishment for defamation in India?

The punishment for defamation is simple imprisonment of upto two years, a fine, or both according to the BNS. One can be awarded monetary compensation if the case is of civil defamation.

Q3. What is the limitation period for filing a defamation case in India?

One should act promptly since there is a limitation period for filing a defamation case. However, such a specific time can vary. If you are dealing with such a situation, please consult a legal expert immediately.

Q4. Which Section of the BNS talks about criminal defamation?

Section 356 of the BNS mentions criminal defamation along with its exceptions, outlining the punishment for those who re found guilty.

Q5. Can social media posts be considered defamation?

Yes. Defamatory posts of social media can be considered libel. It can be grounds for a defamation case to be filed.