Is Legal Notice Mandatory In A Defamation Case?

If you think that someone has damaged your reputation by making false statements and you are considering filing a defamation case against that person, it is imperative for you to know what your legal options are. In India, defamation is stating something false with intent to harm another person's reputation. The two main remedies available under the law are the civil and criminal remedies. One question frequently asked is whether a plaintiff must send a legal notice before commencing a defamation suit.

It is pertinent to know what types of defamation apply to your case before filing any complaint thereon:

Civil defamation provides the option of suing for money in a civil suit whereby the plaintiff seeks monetary damages for the impairment of his reputation. Criminal defamation is provided in Sections 356(1) and 356(2) of the Bharatiya Nyaya Sanhita (BNS). Defamation is placed at the criminal level with respective punishment in the shape of imprisonment and/or a fine. Should you send a legal notice prior to the defamation case? The answer is no. However, it is always strongly advised as a first step, especially for civil defamation cases, to give the other side a chance to respond to your request or to settle the matter amicably.

What Is A Legal Notice In Defamation Cases?

A legal notice is an act of legal communication whereby one party to the lawsuit (plaintiff) communicates the defamation of his reputation, its consequences, and the requisite corrective action upon the alleged defamer (defendant). In defamation cases, they usually have to provide proof to the party being charged for alleged defamation.

In civil matters of defamation, sending a legal notice comprises an accepted first step. In criminal defamation, its sending is not a necessity of the procedure. Yet, it may serve as valuable evidence of intent and indeed an avenue for resolving the matter amicably before approaching the court.

Purpose Of Sending A Legal Notice

• Provides room for an apology from the side of the defendant, thus providing an avenue for retraction:
  That would allow for an amicable resolution, saving the court's time.
• Serves as evidence of intent, rather, an intention to demand correct damages before a court:
  It shows that the plaintiff was willing to settle the claim outside the court and give the defendant a fair chance to respond.
• Facilitates an out-of-court settlement:
  A lot of defamation cases settle after the service of a legal notice, saving both parties time, money, and emotional agony.

Is A Legal Notice Mandatory For Defamation Or Not?

No, it is not.
Nevertheless, sending a legal notice is mostly considered a good practice since it can:

• Serve as an official warning
• Lay the groundwork for a possible settlement
• Be introduced in court as further proof that the defendant was indeed in the know of the defamatory behavior and was given a chance to respond

Is Sending A Legal Notice Necessary In Civil Defamation?

While sending a legal notice is not compulsory in civil acts of defamation, it is highly advisable. Civil defamation being a disorder of monetary claims requires the aggrieved person to claim damages for the hurt to his reputation. This invariably begins with a cease-and-desist letter, a variant of legal notice warning the alleged defamer to cease making salacious comments, sometimes accompanied by a request for public apology or retraction.

Although criminal defamation, as defined by Section 356 of the BNS, does not require any notice in advance, the same notice may be somewhat helpful for civil cases. It does:

• Section 5- The section gives the alleged defamer an adequate chance to privately settle the matter with the complainant.
• Section 6- The section is a way of establishing your sincerity towards going for legal action.
• Section 7 – It helps to strengthen your position if the case proceeds to court.

Thus, while not mandatory, legal notice in civil defamation cases usually serves as the strategic instrument for resolving or escalating the matter.

When Should You Send A Legal Notice For Defamation?

Ideally, a legal notice should be sent when:

• When you have a piece of unmistakable evidence regarding the defamatory statement, such as through social media posts, articles, or public remarks.
• When the defamation is still ongoing or being made known to the public, the damage to reputation increases more.
• You want the effect of a retraction, an apology, or even a monetary settlement without necessarily having to file a suit straightaway.
• You prefer to settle or mediate the issue out of court rather than having to undergo long and tedious legal proceedings.
• You want to formalise your effort at solving the disagreement in legal records.
• These scenarios wherein a notice is sent would prove very effective both in deterring or serving as a pre-litigation preparation that fortifies the case when it finally gets to court.

Justice Entries & Rulings On The Notice Of Law For Defamation

It is relevant to note that there are notable Judgements on the giving of legal notices in civil defamation cases in India as of 25th March 2025. Below are some of the major cases in descending order according to their year:​

1. Chander Pal Singh vs. Meenakshi Chauhan (Delhi High Court, January 4, 2025): In this case, the court repeated the statement with regard to not making a legal notice before going for a civil defamation suit but considered it as a good practice. The judgement emphasised that a legal notice serves, in this respect, as the final formal opportunity afforded to the alleged defamer to address the grievance, and perhaps the issue would be resolved in the absence of court intervention.
2. Brig. (Retd.) Madan Lal vs. Prabhat Ranjan Deen & Others (Delhi District Court, July 11, 2023): Here, the learned court considered the plaintiff's effort to send a legal notice to resolve the matter prior to commencing litigation. While such notice might not be compulsory, the same would reflect well before the court while taking such steps proving good faith on part of the plaintiff in settling the controversy amicably.
3. Atul Kumar Pandey vs. Kumar Avinash (Calcutta High Court, June 17, 2020): the court observed that, although there is no legal bar in civil proceedings of defamation without prior notice, it provides enough evidence of the intent of the applicant seeking to resolve the dispute prior to litigation.
4. Asoke Kumar Sarkar And Another vs. Radha Kanto Pandey And Others (Calcutta High Court, February 28, 1966): This judgment stressed that, even if it is not legally an obligatory requirement, seeking a demand letter or legal notice in a civil defamation suit is universal practice. The court observed that such step, though not constituting "accord and satisfaction" of the claim in civil law, is a premature attempt to settle the dispute before going to court. This is actually a case law revealing that even though the issuing of a legal notice before filing a civil defamation has no legal compulsion if it is practiced, then it is the good practice of law in India. This helps as resolving creative and proves that an intention to settle holds itself before stalking a follower in a plaint.

Conclusion

It's always good to send a legal notice to the other person before actually making a complaint in case of defamation. This is very useful advice for cases of civil defamation. It brings the possibility of an amicable resolution, helps build evidence of intent, proves actions taken before engaging in litigation were reasonable, etc. Besides, no law actually says it must be done, but courts qualify it as something firstly good, hence the choice.

Consultation with a lawyer for proper understanding of the strategic role a legal notice may serve for either to be called the aggrieved party or that being alleged to be so can save much time and effort as well as the resources that would otherwise be spent in granting needless tickets to the courts.

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FAQs

If you are facing false statements that have harmed your reputation, you may be secretly wondering whether sending a legal notice before you file a lawsuit for defamation is necessary. Below are some of the light questions that frequently lead you to weigh in on your legal options.

Q1. Is sending a legal notice before filing a defamation case mandatory in India?

No, sending a legal notice is not mandatory in law before instituting any case for defamation in India. However, it is highly recommended, especially in civil actions for defamation; the notice may tend to show good faith and can allow for an amicable settlement.

Q2. What is the purpose of legal notice in cases of defamation?

Legal notice in defamation cases warns the so-called defamer of what has been said and its effect and gives him or her the opportunity to apologise, retract, or settle out of court.

Q3. Can I file civil defamation without sending any legal notice?

Yes, you can file a civil defamation suit without sending any legal notice. Nevertheless, it is considered good practice according to the courts in India, and it indicates the willingness of the plaintiff to settle matters amicably and thus strengthens his or her case before the court.

Q4. What is the difference between civil and criminal defamation?

The aggrieved party is entitled to monetary compensation for civil defamation, whereas criminal defamation, under Section 356(1) and 356(2) of the Bharatiya Nyaya Sanhita (BNS), punishes it with imprisonment and/or a fine. The legal notice is common in civil defamation but nonexistent in criminal ones.

Q5. When should a legal notice be sent during a defamation case?

The legal notice for defamation should be issued immediately as it becomes clear that retaliatory action is imminent: social media posts, news articles, or public statements. An early notice can facilitate apologies, retractions, or settlements before the process of going legal has even begun.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified Civil lawyer.