A defamation legal notice is an official notice from one party to another who has made untrue, disparaging remarks against them. A defamation legal notice will serve as a warning and a precursor to legal proceedings if the situation remains unchanged.
This blog explains what defamation is under Indian law, when a notice should be sent, what it must contain, and includes a sample legal notice format for reference.
Introduction
In a world where reputations matter especially for professionals, business owners, and public figures, false accusations or defamatory remarks can cause serious harm. Defamation occurs when someone publishes or communicates false information that damages another person’s reputation. Indian law has both civil and criminal remedies for defamation.
Before jumping into a lawsuit, it is common to send a legal notice to the person responsible, giving them a chance to retract their statement, apologise, or compensate for the damage caused. A well-drafted legal notice is crucial it shows you are serious and gives the accused a fair opportunity to settle the matter without litigation.
Understanding Defamation Under Indian Law
Defamation is addressed under two broad categories in India –
- Civil Defamation – Under the Law of Torts, the aggrieved party can claim monetary compensation.
- Criminal Defamation – Under Section 356 of the Bharatiya Nyaya Sanhita (BNS), the offender can be punished for imprisonment of up to 2 years, a fine, or both.
To qualify as defamation –
- A false statement must have been made.
- It must be published or communicated to someone other than the affected person.
- It must have harmed the reputation.
When Should You Send a Defamation Legal Notice?
You should consider sending a legal notice when –
- False allegations are made against you in public, print, or social media.
- Defamatory content is shared in emails, messages, or professional circles.
- You are wrongly accused in professional reviews or news articles.
- There is reputational harm caused without any valid justification or proof.
Sending a notice shows your intent to defend your reputation and gives the other party an opportunity to correct the wrong.
What to Include in a Defamation Legal Notice
A good legal notice should include –
- Name and address of the sender (or their lawyer)
- Full name and address of the recipient
- Clear reference to the defamatory statement — what was said, when, and how
- Explanation of how the statement is false and harmful
- Legal grounds being invoked (Section 356 of the Bharatiya Nyaya Sanhita (BNS) or tort law)
- A demand for apology, retraction, or compensation
- A warning of further legal action if no response is received within a specific time (usually 7–15 days)
Sample Defamation Legal Notice Format Online
The below allows for the general format of a defamation legal notice to be adjusted depending on the civil or criminal nature and the facts of the case.
[Advocate’s Letterhead, if applicable]
Legal Notice
Date – [DD/MM/YYYY]
To,
[Name of the Recipient]
[Address]
Subject – Legal Notice for Defamatory Statement
Dear [Recipient’s Name],
Under instructions from and on behalf of my client [Your Full Name], resident of [Full Address], I hereby serve you with the following defamation legal notice –
- My client is a respected individual/professional engaged in [mention profession or business], known for his/her integrity and good reputation in society.
- That on or about [Date], you made and/or published a defamatory statement about my client, specifically:
- “[Insert the exact defamatory statement, quote, or description]“, which was made [verbally/written/published] through [social media/email/news portal/in person, etc.].
- That the said statement is entirely false, baseless, and malicious, made with the intent to harm the reputation of my client in the eyes of the public.
- That due to your defamatory act, my client has suffered mental agony, loss of business/professional opportunities, and damage to my personal and professional reputation.
- That your act amounts to defamation under Section 356 of the Bharatiya Nyaya Sanhita (BNS), which is both a civil wrong and a criminal offence.
Therefore, I hereby call upon you to –
- Immediately issue a written public apology to my client, retracting your statement,
- Cease and desist from making further defamatory remarks, and
- Compensate my client with Rs [Amount] towards the loss and damage suffered, within [7/15] days from receipt of this notice.
Failing which, my client shall be constrained to initiate the appropriate legal proceedings, both civil and criminal, against you at your sole cost and risk, without any further reference.
You are requested to treat this notice with the seriousness it deserves.
Sincerely,
[Signature]
[Your Full Name / Advocate’s Name]
[Address]
[Email / Phone]
Conclusion
A defamation notice is often the first action taken to protect someone’s reputation through lawful means. It serves as a warning to the person who has made statements that are, or may be considered, defamatory and provides the defamer the opportunity to figure out a resolution before defamation litigation begins.
Whether you are an individual or a business, sending a properly worded legal notice can help you assert your rights, put pressure on the wrongdoer, and sometimes even resolve the issue without litigation. However, in sensitive cases, it is highly recommended to get the notice reviewed or drafted by a legal professional.
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