Defamation Laws in India: Simple 2025 Guide

Defamation hurts a person’s name and can damage their life. The law protects your reputation, whether the insult happens in public, private, or online. This guide explains Defamation Laws in India in a clear and simple way, with updates from the new Bharatiya Nyaya Sanhita (BNS) 2023, case laws, sections, examples, and steps to take action.

What Defamation Means

Defamation means a false statement that harms a person’s reputation.

In Hindi, maan hani means losing your honour or respect.

There are two types of defamation:

Criminal defamation
Civil defamation

The law keeps your reputation safe. Something is defamation if it makes people think less of you. If this happens, you can use the BNS rules to take action.

Defamation Laws in India Under BNS

The old Indian Penal Code is now replaced by the Bharatiya Nyaya Sanhita. The new law keeps the meaning of defamation the same but explains it more clearly.

Key Section: BNS Section 356

Section 356 says a person commits defamation if they speak, write, post or publish anything that harms another person’s reputation.

This includes:

Spoken words
Written statements
Social media posts
Photos, signs, gestures or visuals

So defamation can happen anywhere, including online.

Punishment Under BNS Section 357

Punishment for defamation includes:

Simple jail time up to two years
A fine
Both together

The new law also allows community service for minor cases.

The 10 Exceptions of Defamation

The law also protects fair speech. These are the ten situations where it is not defamation:

Truth shared for public good
Statements about public servants and their work
Opinions on public issues
Fair news reports of court cases
Opinions on court decisions
Comments on public performances
Criticism given by an authority
Complaints made to the right authority
Statements to protect public interest
Warnings given for someone’s benefit

These help protect honest opinions and prevent misuse of the law.

Cyber Defamation Under BNS and IT Act 2000

The internet has made defamation easier. False posts, edited photos and rumours spread quickly. This is called cyber defamation.

Cyber defamation involves:

BNS Section 356
Relevant parts of the IT Act 2000

Since Section 66A was removed in 2015, other parts apply, such as:

Section 66D for impersonation
Section 67 for obscene or harmful content

A Delhi court told Google to take down bad links about a man who was innocent. This helped protect his name.

How to File a Defamation Case in India

If someone harms your reputation, follow these steps.

Step 1: Collect Evidence

Save:

Screenshots
Posts
Links (URLs)
Chats
Videos

For cyber cases, metadata is helpful.

Step 2: Send a Legal Notice

Your lawyer sends a notice asking for:

Removal of the content
An apology
Compensation (in civil cases)

Many disputes settle at this stage.

Step 3: File a Case

Criminal Case

File a complaint before the Magistrate
Time limit is 3 years

Civil Case for Compensation

File a suit in a civil court
Time limit is 1 year

These rules apply to individuals, companies and groups.

Latest Case Law and Government Updates

1. Google De-indexing Case, Delhi Court 2025

The court ordered Google to remove old defamatory links about an acquitted man. This protected his future.

2. BNS Notification 2023

The government confirmed the shift from IPC to BNS from 2024.

These updates show that Indian courts now take online harm very seriously.

How People and Businesses Can Handle Defamation

Here are simple ways to protect yourself:

Keep an eye on your online presence
Respond calmly
Get legal help early
Do not fight publicly
Save proof before reacting
Use privacy settings on social media

Companies can protect themselves by using:

Social media monitoring
Reputation tracking tools
Quick legal action plans

A strong reputation helps careers, relationships and business growth.

Frequently Asked Questions (FAQs)

1. What is the main defamation section in BNS?

The primary provision is BNS Section 356 which explains defamation as a criminal offence.

2. Can truth be a defence?

Yes, but only when the truth is shared for public good.

3. Can companies file defamation cases?

Yes. Defamation in India protects individuals and non-individuals.

4. What is the time limit to file defamation case in India?

Three years for criminal complaints. One year for civil suits.

5. What is cyber defamation?

It is online content that damages someone’s reputation. It is handled under defamation in cyber crime and relevant IT Act rules.

6. What is the simple meaning of maan hani?

It means harm to honour or defamation meaning in English.

7. How do I file a case?

Collect evidence, send a legal notice and file the appropriate case.

Final Outlook

The BNS has made defamation rules in India easier to understand and more suitable for the online world. Courts now move faster when fake or harmful posts spread on the internet. Since people share everything through social media and messages, it is helpful to know how defamation works so you can protect your name.

It does not matter if you are a student, a working adult or someone who runs a business. When you know your rights under the BNS and the IT Act, you feel more confident to speak up and take action if someone lies about you. Understanding these rules helps you stay safe and keep your reputation strong.

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What Happens When Someone Lies About You? Defamation Laws in India Explained