Filing a complaint of criminal defamation in India involves several steps, as defined under the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). Here’s a detailed procedure: 1. Understanding Criminal Defamation: Criminal defamation is defined under Section 499 of the IPC. It occurs when a person makes false statements about another person, causing harm to their reputation. Section 500 prescribes the punishment for criminal defamation, which may include imprisonment for up to two years or a fine, or both. 2. Gather Evidence: Before filing a complaint, it is essential to collect evidence to support the claim of defamation. This may include: Written or recorded statements (e.g., social media posts, articles, speeches). Witnesses who can attest to the defamatory statements. Any material that shows the impact of the defamatory statements on your reputation. 3. Drafting the Complaint: The complaint should be drafted clearly and concisely, stating the following: The details of the defamatory statements (what was said, when, where, and by whom). How the statements are false and damaging to your reputation. Any evidence collected that supports the claim. A request for legal action against the accused. 4. Filing the Complaint: The complaint can be filed in the following ways: To the Police: Approach the local police station to file a First Information Report (FIR) under Section 499 and Section 500 of the IPC. You may need to submit a written complaint along with the evidence. To the Magistrate: If you wish to avoid police involvement or if the police refuse to register your complaint, you can file a private complaint directly with the Magistrate's Court. This is done under Section 200 of the CrPC. 5. Procedure in Magistrate's Court: If filing a complaint with the Magistrate: Submit the complaint in writing along with all supporting evidence. The Magistrate will examine the complaint and the evidence provided. If found sufficient, the Magistrate may issue a summons to the accused to appear in court. The court will then hear the case and determine whether there is sufficient ground to proceed with the defamation charges. 6. Trial Process: If the case goes to trial, both parties will present their evidence and arguments. The prosecution must prove that the statements made were false and defamatory. If the accused is found guilty, the court will impose a sentence as prescribed under Section 500 of the IPC. 7. Appeal: If either party is dissatisfied with the decision, they can appeal to a higher court as per the provisions of the CrPC. 8. Legal Assistance: It is advisable to consult a lawyer who specializes in criminal law to guide you through the process and help draft the complaint effectively. Conclusion: Filing a complaint of criminal defamation involves gathering evidence, drafting a clear complaint, and approaching the police or the Magistrate's Court. The procedure requires careful documentation and legal knowledge, making it beneficial to seek professional legal assistance to navigate the complexities of the law.

Dear Client, First of all, it is important to note that in India, Defamation is covered in both civil and criminal law. That means defamation can be considered as a civil wrong and a criminal offence too. And when it comes to remedy available for criminal defamation, a criminal defamation complaint can be filed in the local magistrate’s court. Section 356 of BNS defines defamation, and it states the act of making or publishing an imputation that harms a person’s reputation, either by spoken or written words, signs, or visible representation. And it is a criminal offence for which punishment can be simple imprisonment for up to 2 years or fine or both, or community service. Defamation can be of two types namely- Libel that is written defamation, Slander is a spoken defamation, And both the types of Defamation can be a criminal offence, First and important step before filing a complaint in criminal defamation is to send a legal notice to the offender against whom complaint is filed, and in the legal notice details of the defamatory statement must be mentioned and also their impact on the reputation must be clearly expressed. And a registered lawyer should initiate this legal notice against the defamation. And legal notice should also have the notice to retract or ask for apologize for the statements which lowered the reputation of the complainant. And if the accused even after receiving the notice fails to react or tender an apology then the person against whom the defamatory statement was made has a right to file a criminal defamation complaint in the local magistrate’s court of his/her jurisdiction. And the complainant has to support the case with vital evidence and witnesses, and the role of witnesses are very important when it comes to defamation cases. And once the complaint is filed, the trail process will begin. And complaint must contain and include the details of the defamatory statement and how they are false and should present the evidence that support the claim of defamation. It is important to note that there is a limitation period for filing a criminal defamation suit which is usually for the three years. And there are certain kinds of evidence which can be presented before the court like- direct, testimonial, physical, documentary, and demonstrative evidence. I hope this answer helps.

Dear Client, In India, defamation is addressed under both civil and criminal law, meaning it can be regarded as both a civil wrong and a criminal offense. When it comes to the remedy for criminal defamation, a complaint can be filed in the local magistrate’s court. Section 356 of the BNS defines defamation as the act of making or publishing an imputation that harms someone’s reputation, through spoken or written words, signs, or other visible representations. Defamation is considered a criminal offense, and the punishment can include imprisonment for up to two years, a fine, or both, or even community service. Defamation can be categorized into two types: 1. Libel, which refers to written defamation, 2. Slander, which pertains to spoken defamation. Both forms of defamation can lead to criminal charges. The first step before filing a complaint for criminal defamation is to send a legal notice to the accused. The notice should detail the defamatory statement and explain the harm caused to the complainant’s reputation. A qualified lawyer must issue the legal notice, which should also demand that the accused retract the statement or apologize for the harm caused. If the accused does not respond or offer an apology after receiving the notice, the complainant has the right to file a criminal defamation complaint in the local magistrate’s court. The complainant must back the case with strong evidence and credible witnesses, as witnesses play a crucial role in defamation cases. Once the complaint is filed, the trial process will commence. The complaint must include specifics of the defamatory statement, demonstrate how it is false, and provide supporting evidence to substantiate the claim of defamation. It is important to note that there is a limitation period for filing a criminal defamation suit, which is typically three years. Various types of evidence can be presented before the court, including direct, testimonial, physical, documentary, and demonstrative evidence. I hope this helps.