One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A genuine Google review based on your personal experience is protected speech and does not automatically constitute defamation. A legal threat or FIR based solely on a truthful review can often be challenged. Preserve your evidence, do not delete the review under pressure, and consult an advocate who handles cyber and defamation cases. The law is on your side for honest feedback.
Ravi, a software engineer in Pune, had a terrible experience at a dental clinic in the Kalyani Nagar area. In February 2025, he posted a detailed 1-star review on Google, describing the poor treatment he received and the lack of follow-up care. A week later, he received a legal notice from the clinic's lawyer. The notice demanded he remove the review immediately and threatened to file an FIR for defamation and criminal intimidation under the new Bharatiya Nyaya Sanhita, 2023. The clinic claimed the review was "false" and had damaged their reputation.
Ravi was terrified. He had no false statements in his review — just his honest account. He first tried responding to the notice himself, which only led to more aggressive threats. That's when he approached the Chamber of Advocate Sudhir Rao. His case was reviewed, and Advocate Sudhir Rao argued that a genuine review based on personal experience is not defamatory. The office sent a firm reply to the clinic, citing Section 356(2) of BNS and pointing out that the clinic's threat amounted to criminal intimidation under Section 308. The clinic backed down. They never filed an FIR. Advocate Sudhir Rao's specific experience in handling consumer and cyber-defamation matters made all the difference — a general lawyer might not have known how to counter this.
Key Facts of the Case
- The review was based on Ravi's genuine, personal experience as a patient — no false claims.
- Ravi had no ulterior motive; the review was not part of a coordinated attack on the clinic.
- The clinic sent a legal notice demanding removal and threatening an FIR — this was criminal intimidation under Section 308 BNS.
- Advocate Sudhir Rao replied citing Section 356(2) BNS, which protects statements made in good faith for the public good.
- The clinic's threat was never followed by an actual FIR — the legal response was enough to stop them.
- Ravi preserved all evidence: treatment records, emails, and the legal notice itself.
The Direct Legal Answer
Can a dental clinic file an FIR for a 1-star Google review?
Yes, they can try — but that doesn't mean they'll succeed. An FIR for defamation under Section 356 BNS requires the review to be false or made with malicious intent. A genuine review based on personal experience is not defamation. The clinic would need to prove you knew the statements were false or that you acted with reckless disregard for the truth. That's a high bar.
Should I delete the review to avoid trouble?
No. Deleting the review under pressure can be used against you — it may look like an admission that the review was false. Instead, preserve it. Screenshot the review, the legal notice, and any communication with the clinic. If you're genuinely scared, discuss with an advocate first. But as a rule, don't delete.
Can my career be ruined by this?
Unlikely. An FIR is a public document, but it doesn't automatically end up on your employment background check unless you're applying for a government job or a highly sensitive position. Even then, you can explain the context. A dismissed or quashed case won't harm your career. Don't let fear drive you into a bad decision.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Do not respond to the legal notice yourself. One wrong word can be twisted into an admission. Let the advocate draft a professional reply.
And here's the thing — if you receive a legal threat for a genuine review, don't panic. The law protects honest consumer feedback. This area of law has specific procedural steps. A general practitioner might not know the nuances of defamation law in the digital age. Engage someone who handles these cases regularly.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS) 2023, the key sections are:
- Section 356 BNS — Defamation: Defines criminal defamation. A genuine review is not defamation.
- Section 356(2) BNS — Exception for good faith: Statements made in good faith for the public good are protected. This is your strongest shield.
- Section 308 BNS — Criminal intimidation: Threatening someone with harm to property or reputation to force them to act. A clinic threatening an FIR to force review removal may fall here.
- Section 79 of the Information Technology Act, 2000 — Intermediary protection: Google (as an intermediary) is not liable for user-generated content. But this also protects you as a user if your content is lawful.
Punishment and Penalties
Criminal defamation under Section 356 BNS is a bailable offence. Punishment can be simple imprisonment for up to two years, or a fine, or both. However, for a genuine review, conviction is highly unlikely. Criminal intimidation under Section 308 BNS can carry imprisonment of up to two years or fine, or both. These are bailable offences. Remember — the clinic threatening you is the one potentially committing an offence, not you.
Jurisdiction — Where to File the Case
For defamation, the criminal court where the defamatory statement was published (i.e., where the review was read) has jurisdiction. That's usually the city where the complainant lives. So if the clinic is in Pune, the case would be filed in a Pune Magistrate court. For a consumer complaint about the dental service itself, you can file at the District Consumer Forum in the clinic's area. Jurisdiction matters because filing in the wrong court can get your case dismissed on technical grounds.
What if Police Refuse to File FIR?
If a clinic threatens you with an FIR but the police refuse to register it — that's actually good for you. But if you want to file a counter-complaint for criminal intimidation and the police refuse, here's what to do:
- Approach the Superintendent of Police under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
- File a private complaint before the Magistrate under Section 175(3) BNSS.
- As a last resort, file a writ petition in the High Court under Article 226 of the Constitution.
- Document everything — including the police refusal itself — as evidence.
Rights of the Accused
If an FIR is filed against you (as the accused), you have these fundamental rights:
- Right to remain silent: Article 20(3) of the Constitution — you cannot be compelled to be a witness against yourself.
- Right to legal representation: Article 22(1) — you have the right to consult and be defended by an advocate of your choice.
- Right to be produced before a Magistrate within 24 hours: Section 58(1)(a) BNSS — if arrested, police must produce you within 24 hours, excluding travel time.
- Right to a copy of the FIR: You are entitled to a free copy of the FIR under Section 173(2) BNSS.
- Right to know the grounds of arrest: Article 22(1) — you must be informed of the grounds immediately upon arrest.
Bail Provisions
Defamation under Section 356 BNS is bailable. Criminal intimidation under Section 308 BNS is also bailable. This means you can get bail as a matter of right from the police station itself. Here's the strategy:
- Anticipatory bail (Section 482 BNSS): If you fear arrest, file an anticipatory bail application. Very effective in cases where the threat is frivolous.
- Regular bail (Section 480/483 BNSS): If arrested, apply for regular bail before the Magistrate.
- Bail conditions are typically light — a personal bond and one surety. For a small, non-violent case like this, no serious restrictions.
Quashing of FIR / Case
If an FIR is actually filed, you can get it quashed. The High Court has inherent powers under Section 528 BNSS (corresponding to Section 482 CrPC) to quash FIRs that are an abuse of process. Grounds include:
- No prima facie offence: The FIR does not disclose the commission of a cognizable offence.
- Malicious intent: The FIR was filed to harass you, not in public interest.
- Compromise: If the clinic agrees to withdraw the case, and the offence is compoundable, quashing is possible.
- Civil nature: Defamation is essentially a civil wrong; criminal courts should not be used as a tool for civil disputes.
If You Are the Victim
If you're the one being threatened, here's what to do:
- Do not engage in arguments with the clinic directly — don't respond to their calls or messages.
- Preserve all evidence: your treatment records, the review screenshot, and all communications from the clinic.
- Consider filing a counter-complaint for criminal intimidation under Section 308 BNS.
- Send a legal notice through your advocate demanding the clinic stop the harassment.
- If the threats escalate, file a complaint with the local police — take a copy of the legal threat as evidence.
Documents You Must Keep Ready
- Aadhaar card or PAN card for identity proof
- Treatment records from the clinic (bills, prescriptions, appointment details)
- Screenshot of the Google review (date, time, content)
- Legal notice or communication from the clinic (email, WhatsApp, letter)
- Any call recordings (only if legally obtained — inform the other party if required)
- Correspondence with Google (any emails regarding review removal requests)
- Medical certificates or reports from alternative doctors (if you sought second opinion)
What Evidence Is Required?
- Primary evidence: The review itself (Google screenshot), treatment records, and the legal notice.
- Secondary evidence: Photographs of the clinic, any CCTV footage, and witness statements from family or friends who accompanied you.
- To prove your review was genuine, show a pattern of conduct — other patients with similar complaints can be used as witnesses.
- The clinic's legal threat is evidence of their intimidation — preserve it.
- If you had any correspondence with the clinic (e.g., you complained directly before posting the review), that's strong evidence of your good faith.
How the Police Behave in Such Cases
Police typically treat defamation cases with low priority. They know these are often civil disputes dressed up as criminal complaints. Expect initial reluctance to register the FIR. If they do register, they'll likely ask you to come for questioning, but arrest is rare unless there's a history of similar complaints. Police may also suggest mediation — that's actually a good sign. Don't ignore their summons, but do attend with your advocate.
Timeline of Legal Process
- FIR registration: Immediate (if police agree) or after court order (if private complaint) — 1 to 4 weeks.
- Investigation: Police will collect statements. Takes 1 to 3 months.
- Charge sheet filing: Within 90 days for cognizable offences (defamation is non-cognizable in some cases, but police may file a charge sheet anyway).
- Cognizance by Magistrate: After charge sheet — 1 to 2 months.
- Trial: Defamation cases can take 1 to 2 years in Magistrate court, but many are dismissed early.
- Appeal: If convicted (rare in genuine review cases), appeal to Sessions Court — 6 to 12 months.
How Long Will the Investigation Take?
For defamation, the investigation is usually quick — a few weeks. Police will call you for a statement, ask for your side, and then decide whether to file a charge sheet. If they find no substance, they'll close the case. Most genuine review cases never reach trial.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Defamation under Section 356 BNS is a compoundable offence — meaning the parties can settle it privately. If the clinic agrees to withdraw the case and you agree to remove the review (only if you choose to), the case can be closed. A compromise deed can be filed before the Magistrate. For criminal intimidation, it's also compoundable if it's a simple threat. Settlement through mediation or Lok Adalat is faster and less stressful. But be cautious: do not settle under pressure. Only settle if the terms are fair and reviewed by your advocate.
Common Mistakes People Make
- Deleting the review out of fear — this can look like an admission of guilt.
- Responding to the legal notice personally — one wrong sentence can be used as evidence against you.
- Ignoring the legal notice — silence can be seen as defiance or disinterest; reply through an advocate.
- Posting multiple reviews or sharing the clinic's contact details online — this crosses the line into harassment.
- Engaging an advocate who does not regularly handle defamation or consumer cases — the procedural nuances of Sections 356 and 308 BNS, combined with the Information Technology Act, require domain-specific experience. A general lawyer might miss the exception under Section 356(2) or the defences available under Section 79 of the IT Act, which can weaken your case significantly.
FAQs People Normally Have
Can I be arrested for leaving a bad review?
Practically no. Defamation under Section 356 BNS is bailable. Even if a complaint is filed, you will not be arrested without notice. Police rarely arrest in such cases unless there's a pattern of harassment.
What if my review had a mistake or exaggeration?
If the exaggeration is minor and not malicious, it still falls under good faith. Indian courts protect honest opinion. But if you knowingly added false details, the protection weakens. Be honest in your review.
Can the clinic sue me for damages in civil court?
Yes, but civil defamation is expensive and slow. Most businesses don't pursue it unless the review is truly damaging and false. The burden of proof is high — they must show actual damage to their reputation.
Should I take the review down if the clinic apologizes?
That's a personal choice. But if you do, make sure the settlement is in writing and includes a waiver of all future claims. Don't rely on verbal promises.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.