How to File a Defamation Case (BNS Section 356) in India (2026)

How-To Guide · Defamation

Updated for 2026 · Claw Editorial

Defamation is saying or writing something false that harms another person's reputation. In India you can act in two ways at the same time: a criminal complaint and a civil suit. The criminal offence is now Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Sections 499 and 500 of the old Indian Penal Code. The civil route is a suit for damages and an injunction. This guide explains the difference, which route suits you, where and how to file, the defences the other side can raise, and how to follow the matter once it is in court. Last verified October 2026.

01What defamation is

Defamation means harming a person's reputation by a false statement made to others. It can be spoken, written, printed, or posted online. Three things must usually be shown: the statement was about you, it was published or communicated to at least one other person, and it lowered your reputation in the eyes of right-thinking people.

Not every insult is defamation. A true statement made for the public good, a fair opinion on a matter of public interest, and certain privileged statements are protected. The law tries to balance your reputation against the right to free speech.

02Criminal vs civil defamation

India allows both a criminal case and a civil case for the same defamation, and you can run them together.

Choose the criminal route when you want the person held accountable and possibly punished. Choose the civil route when your main aim is compensation and getting the content taken down. Many people file both so that the wrongdoer faces punishment and also pays.

03The new BNS Section 356

From 1 July 2024, criminal defamation is governed by Section 356 of the Bharatiya Nyaya Sanhita, 2023, which replaced the old Sections 499 and 500 of the Indian Penal Code. The idea of defamation and its exceptions is carried forward almost unchanged.

The punishment is simple imprisonment up to two years, or a fine, or both, and the new law also allows community service as a punishment for defamation. To understand the offence itself in detail, see defamation under BNS Section 356 explained. For how the old provision maps to the new one, see IPC Sections 499 and 500 and the shift to BNS.

04How to file a criminal defamation complaint

Criminal defamation is not a police (FIR) matter in the normal way. Under Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 199 of the old CrPC, a court can take cognizance of defamation only on a complaint made by the person who is aggrieved. So you file a private complaint directly before the Magistrate.

• Draft the complaint: set out the exact defamatory words, when and where they were published, and how they harmed you.
• Attach proof: the newspaper cutting, screenshots, printouts, links, or recordings, and a list of witnesses.
• File before the Magistrate who has jurisdiction over the place where the content was published or read.
• Inquiry stage: the Magistrate examines you and your witnesses. Under Section 223 BNSS, the accused is now given a chance to be heard before the Magistrate takes cognizance, which is a new step compared with the old law.

For the general mechanics of a private complaint, see how to file a private complaint before a Magistrate under the BNSS.

05How to file a civil defamation suit

A civil suit is for money and a stop order. You file a plaint before the civil court that has jurisdiction, usually where you live, where the defendant lives, or where the content was published or read.

• What you ask for: damages for the harm to your reputation, and an injunction to remove the content and to stop its further spread.
• Court fee: you pay court fee on the amount of damages you claim, so claim a realistic figure.
• Urgent relief: you can ask for an interim injunction early on to take down or restrain the content while the suit runs.

Courts are careful before gagging speech, so an interim injunction is granted only where your case is clearly strong. Keep your evidence of publication and of the harm ready from the start.

06Defences the other side can raise

The person you sue or complain against can defend the statement. The main defences, carried into Section 356 BNS as exceptions, include:

• Truth for the public good: a true statement made for the public benefit is not defamation.
• Fair comment: an honest opinion on a matter of public interest, based on true facts.
• Privilege: statements made in court, in the legislature, or in the proper discharge of a public duty.
• Fair report: an accurate report of public proceedings.

Because truth and the exceptions are strong defences, your complaint or suit should show clearly that the statement was false and that no exception applies. Weigh this before you file.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Defamation outcomes turn heavily on earlier rulings, on what counts as truth for the public good, when an injunction is granted, and how damages are fixed. Claw lets you search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to find defamation rulings close to your facts, with results in under 5 seconds. Once your complaint or suit is filed, Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can follow it by party name and never miss a date. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to find defamation precedents and track your case, using case search across Indian courts. If a false case is filed against you, see how to file a quashing petition under the BNSS.

08Sources and further reading

• India Code (Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita, 2023): indiacode.nic.in
• eCourts (case status of district courts): ecourts.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Statute numbers and procedure can change, so check the current law and take advice from an advocate before you act.

09Frequently asked questions