Aarav Sharma, a promising third-year student at the Premier Law Academy in the city of Avantipur, was excited to join an exclusive online group called “Legal Luminaries” for networking with peers and seniors from various law colleges across the country. The group was created for academic discussions, internship opportunities, and professional networking. Initially, the interactions were fruitful, and Aarav actively participated in debates and shared notes.

However, the situation took a dark turn when another member, Riya Verma, a student from a different city, began targeting Aarav. Following a disagreement over a legal interpretation, Riya posted a series of false and malicious messages about Aarav in the group. She accused him of academic dishonesty and unprofessional conduct, fabricating stories to tarnish his reputation among the 200+ members, which included students and even some young legal professionals. The defamatory posts spread quickly, and Aarav found himself ostracized and mentally distressed. His attempts to clarify his position were drowned out by Riya’s relentless campaign. Realizing the severe damage to his future career prospects, Aarav decided to seek legal recourse against Riya for online defamation.

Advice in such cases

Facing a situation like Aarav’s can be overwhelming. It is crucial to act strategically and not emotionally. Here are some steps to consider:

• Do Not Engage or Retaliate: Avoid getting into a back-and-forth argument online. Retaliating with similar comments can weaken your legal position and may even expose you to counter-allegations.
• Preserve All Evidence: Immediately take clear screenshots of the defamatory posts, comments, and any related conversations. Note down the date, time, and the platform or group where it was posted. If possible, use a screen recording tool to capture the context.
• Document the Members: Make a list of the members in the group who are witnesses to the defamatory content. Their testimony can be valuable later.
• 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 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.
• Send a Legal Notice: Your lawyer may advise sending a formal legal notice to the person who made the defamatory statements, demanding an unconditional apology and the removal of the content. This is often the first step before initiating court proceedings.

Applicable Sections of Law

Under the new Indian legal framework, such cases are primarily dealt with under the Bharatiya Nyaya Sanhita (BNS), 2023. The key section is:

• Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with 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 a term which may extend to two years, or with a fine, or with both.

If you are the complainant

If you are in Aarav’s position and decide to press charges, here is the path you would typically follow:

• Gather and Organize Evidence: Compile all screenshots, chat logs, witness details, and any other proof of the defamatory statements and the resulting harm to your reputation.
• 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 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.
• File a Complaint: You have two primary options. You can file a complaint with the police, who may register a First Information Report (FIR) if they find a cognizable offence has been committed. Alternatively, your lawyer can file a private criminal complaint directly before a Judicial Magistrate.
• Cooperate with the Investigation: Provide the police or the court with all necessary information and evidence. Your statement will be recorded, and the investigation process under the Bharatiya Nagarik Suraksha Sanhita (BNSS) will commence.

If you are the victim

As a victim of online defamation, the emotional and psychological toll can be immense. It’s important to protect your well-being while pursuing justice.

• Seek Support: Talk to trusted friends, family, or a mental health professional. The stress of being publicly defamed can be significant.
• Understand Your Rights: You have the right to protect your reputation. The law provides remedies for both criminal prosecution of the offender and civil claims for monetary damages for the harm caused.
• 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 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.
• Document Damages: Keep a record of how the defamation has affected you. This could include loss of opportunities (like internships), social ostracism, or psychological distress, which can be relevant in a civil suit for damages.

How the police behave in such cases

Police response to online defamation can vary. In some instances, they may perceive it as a non-urgent or civil matter and might be reluctant to file an FIR immediately. They may advise you to send a legal notice first. However, if the content is obscene, threatening, or incites hatred, they are more likely to act swiftly. Often, such complaints are forwarded to the Cyber Crime Cell, which has the technical expertise to trace digital evidence and investigate such offences. Under the BNSS, procedures are being streamlined, but persistence from the complainant and their lawyer is often key.

FAQs people normally have

Here are some common questions that arise in cases of online defamation:

• Is defamation in a private WhatsApp or Telegram group a crime?
  Yes. Publication to even one person other than the person being defamed is enough to constitute defamation. A group with multiple members clearly meets this requirement.
• What is the difference between civil and criminal defamation?
  Criminal defamation (Section 356, BNS) aims to punish the offender with imprisonment or a fine. Civil defamation is a lawsuit filed by the victim to claim monetary compensation (damages) for the harm caused to their reputation. A victim can pursue both remedies simultaneously.
• Can I file a case if the person used a fake profile?
  Yes. The Cyber Crime police can investigate and trace the person behind the fake profile using the IP address, device information, and other digital footprints.

What evidence is required?

To build a strong case for online defamation, the following evidence is crucial:

• Digital Proof: Clear, unedited screenshots or screen recordings of the defamatory messages, posts, or comments. Ensure the date, time, and the name/number of the sender are visible.
• Witnesses: Statements from other members of the online group who saw the defamatory content can corroborate your claim.
• Proof of Publication: Evidence showing that the defamatory content was shared with third parties (i.e., other members of the group).
• Proof of Falsity: Any evidence you have that proves the statements made against you are false.
• Evidence of Harm: Documentation or testimony showing how the defamatory statements negatively impacted your reputation, mental state, or professional opportunities.

How long will the investigation take?

The duration of an investigation for online defamation can vary widely. It depends on factors like the complexity of tracing the accused (if they are anonymous), the responsiveness of social media platforms in providing user data, and the workload of the investigating agency. While the Bharatiya Nagarik Suraksha Sanhita (BNSS) has introduced timelines for various stages of a criminal case, cybercrime investigations can sometimes take several months to a year or more before a charge sheet is filed in court.

Advocate Sudhir Rao, Supreme Court of India