If you are stuck in such a situation, here is what to do.

Mr. Verma, a resident of Nagpur, found himself in a state of anxiety after he posted a piece of gossip on a popular online forum. The post alleged that a well-known social media personality, Mr. Sharma, was having an affair with another influencer, Ms. Gupta, while Mr. Sharma was in a committed relationship. The post gained some traction, and Mr. Verma is now worried about the potential legal ramifications, specifically being sued for defamation by the involved parties. He has not received any direct communication from them yet but is concerned that they might take legal action to protect their reputation.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act cautiously and strategically. Here are some immediate steps to consider:

• Preserve all records related to the post, including the source of your information, if any. This could be important for your defense.
• Do not engage in any further public discussion or arguments about the matter online. Avoid contacting the aggrieved parties directly.
• Consider removing the post. While this is not an admission of guilt, it can sometimes be seen as a step towards mitigating damages and may de-escalate the situation.
• Consult with a 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 of 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.

Applicable Sections of Law

The primary law applicable in such cases is related to defamation. Under the new Indian penal code, the relevant section is:

• Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section defines and punishes the offence of defamation. It states that whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person. The punishment can be simple imprisonment for up to two years, a fine, both, or community service.

If you are the complainant

If you are the one who posted the content, like Mr. Verma, here is how you should proceed:

• Consult with a 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 of 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.
• Gather any evidence you may have to prove that your statement was true. Truth is a strong defence in defamation cases, but the burden of proof will be on you.
• Do not delete any communication you might receive from the other party or their legal representatives.
• Be prepared for a legal notice. Your lawyer will help you draft an appropriate reply.
• Based on your lawyer’s advice, you might consider offering an apology or a retraction as a way to resolve the matter without lengthy litigation.

If you are the victim

If you are the person who has been defamed, like Mr. Sharma or Ms. Gupta, you have the following recourse:

• Consult with a 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 of 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.
• Collect and preserve evidence of the defamatory content. Take clear screenshots of the post, comments, and the URL where it was published.
• Through your lawyer, send a formal legal notice to the person who made the post, demanding its immediate removal and an unconditional public apology.
• You can file a criminal complaint with the police under Section 356 of the BNS.
• Simultaneously, you can also file a civil suit for damages in a civil court, seeking monetary compensation for the harm caused to your reputation and mental agony.

How the police behave in such cases

When a complaint of online defamation is filed, the police response can vary. Defamation is a non-cognizable offence, meaning the police cannot make an arrest without a warrant and may not register an FIR immediately. They typically require a direct complaint to be filed before a Magistrate. However, the Cyber Crime Cell is equipped to handle such cases. They can issue a notice to the online platform to provide details of the user who uploaded the content. Once the person is identified, the police will issue a notice under the Bharatiya Nagarik Suraksha Sanhita (BNSS) for them to join the investigation.

FAQs people normally have

Can I be arrested for posting gossip online?
Under Section 356 of the BNS, defamation is a bailable and non-cognizable offence. This means arrest is highly unlikely, especially if you cooperate with the investigation. Arrest would typically only occur if you fail to comply with legal notices or if there are other, more serious charges involved.

What if I posted from an anonymous account?
Anonymity online is not absolute. Cyber Crime police have methods to trace digital footprints, such as IP addresses, from the social media platform or forum. It is often possible to identify the person behind an anonymous account.

Is it defamation if what I said is true?
Truth can be a valid defence against defamation. However, the exception requires that the statement must not only be true but also made for the “public good.” The burden to prove both truth and public good falls on the person who made the statement.

What evidence is required?

For the victim (the person defamed):

• Screenshots and the URL of the defamatory online post.
• Evidence of publication and the extent of its reach (e.g., number of likes, shares, comments).
• Witness testimony from people who saw the post and can speak to the damage to the victim’s reputation.
• Proof of damages, such as loss of business opportunities or contracts.

For the accused (the person who posted):

• Any evidence that proves the truth of the statement made.
• Evidence to show that the statement was made in good faith and for the public good.
• Any communication that shows a willingness to retract or apologize.

How long will the investigation take?

The duration of a defamation case can vary widely. The initial investigation, including tracing the accused and gathering evidence, can take several months. The subsequent court proceedings, for both criminal complaints and civil suits, can be lengthy and may extend for a few years, depending on the complexity of the case, the court’s schedule, and the cooperation of the parties involved.

Advocate Sudhir Rao, Supreme Court of India