A legal notice for criminal defamation is a formal warning sent by an advocate on behalf of the aggrieved person to the individual or entity making false statements. It asserts your rights under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (replacing Section 499 IPC). The notice puts the defamer on alert that their actions are criminal in nature and demands immediate rectification.

• Officially records the defamatory act and your objection
• Demands immediate retraction of false statements
• Seeks an unconditional public apology
• Claims monetary compensation for loss of reputation
• Serves as a mandatory precursor to filing a criminal complaint

In India, defamation is a dual-wrong, meaning you can pursue both criminal and civil action simultaneously. A comprehensive legal notice usually warns of both consequences to maximize impact.

• **Criminal Defamation (Section 356 BNS):** Focuses on punishing the offender. The court can impose imprisonment of up to 2 years, a fine, or both. It is a non-cognizable, bailable, and compoundable offense.
• **Civil Defamation (Law of Torts):** Focuses on compensating the victim. You can file a civil suit for damages claiming monetary compensation for the loss of reputation, mental agony, and financial impact.

In the digital age, defamation often happens on social media (WhatsApp, Facebook, Twitter), review platforms (Google Reviews), or blogs. This is known as Cyber Defamation. The laws apply equally to the online world. In fact, digital footprints make it easier to prove publication.

• **IT Act 2000:** While specific sections like 66A were struck down, online defamation is still prosecuted under the BNS/IPC read with Section 67 (publishing obscene material) if applicable, and general criminal law.
• **Intermediary Liability:** You can legally demand platforms to take down defamatory content.
• **Screenshots as Evidence:** Digital records are admissible evidence under the Indian Evidence Act.

You should act swiftly if you face any of the following situations:

• False accusations of fraud, crime, or immoral behavior
• Malicious negative reviews by competitors or fake accounts
• Defamatory emails sent to your employer, clients, or partners
• Social media posts revealing private info or spreading lies
• False allegations in matrimonial disputes intended to harass
• Media reports that are factually incorrect and damaging

For your legal notice to be effective in a court of law, it must establish the following 'ingredients' of defamation:

• **Falsity:** The statement must be substantially false.
• **Publication:** It must be communicated to a third party (other than you).
• **Identity:** It must refer to you directly or by clear implication.
• **Injury:** It must have lowered your character or credit in the eyes of right-thinking members of society.
• **Malice:** Showing that the statement was made with intent to harm strengthens the case.

Sending the notice is Step 1. Here is how the typical process unfolds:

• 1. **Drafting:** An expert lawyer drafts the notice citing BNS Sections and detailing the specific defamatory acts.
• 2. **Dispatch:** The notice is sent via Registered Post AD to ensure proof of delivery.
• 3. **Response Period:** The defamer is given 7-15 days to respond/comply.
• 4. **Outcome A (Compliance):** Offender apologizes and removes content (Success).
• 5. **Outcome B (Silence/Denial):** If they fail to comply, your lawyer files a criminal complaint (Magistrate Court) or civil suit (Civil Court).

Defamation cases are sensitive. A poorly drafted notice can be used against you or dismissed as vague. Our experienced criminal lawyers ensure your notice is legally watertight.

• **Expert Drafting:** Specific references to Section 356 BNS and latest Supreme Court judgments.
• **Holistic Approach:** We cover both civil and criminal liabilities in the notice.
• **Fast Turnaround:** Notes drafted within 24-48 hours.
• **Strategic Advice:** Guidance on evidence collection (preserving URLs, witness statements).