Understanding Defamation: Legal Definitions and Examples

Defamation involves making false statements that harm another person's reputation. In India, defamation is a serious offense, and both criminal and civil remedies are available to address and rectify the damage caused by defamatory statements.

Legal Provisions for Defamation: 

1. Section 356 BNS : Defines defamation as making or publishing false statements that harm a person’s reputation. This includes spoken or written statements that damage someone’s reputation.

   • Punishment: Imprisonment for up to 2 years, or a fine, or both.

2. Section 356(2) BNS: Provides the penalty for defamation as defined under Section 356(1) BNS.

   • Punishment: Imprisonment for up to 2 years, or fine, or both.

3. Civil Defamation: Under civil law, defamation can be addressed by filing a civil suit for damages in a civil court. The plaintiff must prove that the defamatory statement was made with malice and caused harm to their reputation.

Legal Remedies for Defamation:

1. Criminal Complaint: Victims can file a criminal complaint at the local police station. The complaint should detail the defamatory statements and their impact.

2. Civil Suit for Damages: Victims can file a civil suit in a civil court to claim damages for reputational harm. The court can award compensation for the loss of reputation, emotional distress, and any financial loss caused by the defamation.

3. Injunctions: Victims can seek an injunction from the court to prevent further publication or dissemination of the defamatory statements.

4. Apology and Retraction: In some cases, the accused may be asked to issue a public apology or retraction of the defamatory statements as part of a settlement or court order.

Police Procedure for Defamation Cases:

1. Filing a Complaint: The victim should file a complaint with the police, detailing the defamatory statements, how they were made (e.g., verbally or in writing), and the impact on their reputation.

2. Investigation: The police will investigate the complaint, which may involve collecting evidence, such as recordings or written documents, and interviewing witnesses.

3. Arrest and Charges: If sufficient evidence is found, the police may arrest the accused and file charges under Sections 356(1) and 356(2) BNS. The case will then proceed through the judicial system.

4. Court Proceedings: The case will be brought before a court, where the victim may present evidence and testimony. The accused will have the opportunity to defend themselves. If convicted, the accused may face imprisonment, fines, or both.