In the city of Avantika, the “Sarvoday Vikas Front,” a major political coalition, recently announced their candidate for a prestigious constitutional post. They nominated Mr. Ramesh Kulkarni, a distinguished former High Court judge from the state of Aryavarta, for the role. The decision was declared on a Monday following intense deliberations among the coalition partners. However, this high-profile nomination was immediately met with a public campaign alleging professional misconduct against Mr. Kulkarni, stirring a significant political and legal controversy.

Advice in such cases

When faced with public allegations that damage your reputation, especially in a professional or political context, it is crucial to act strategically and not emotionally. Such situations can quickly escalate, impacting your career, personal life, and public standing. The primary goal is to manage the narrative and seek legal recourse to protect your rights.

• Remain Calm: Do not issue immediate, emotional public statements. Hasty reactions can worsen the situation.
• Preserve Evidence: Document all instances of the defamatory statements, including screenshots of social media posts, copies of articles, or recordings of broadcasts.
• Assess the Damage: Evaluate the impact of the allegations on your reputation, career, and mental well-being.
• 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

Applicable Sections of Law

In India, matters concerning defamation are primarily governed by the Bharatiya Nyaya Sanhita, 2023 (BNS). The relevant legal provisions include:

• Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section defines and punishes the offence of defamation. It covers spoken, written, or visual representations that harm a person’s reputation. The punishment can include imprisonment for up to two years, a fine, or both. For defamatory statements that are printed or engraved, the punishment can extend up to community service.
• Procedure under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Since criminal defamation is typically a non-cognizable offence, the legal process usually begins with filing a private complaint before a Magistrate under Section 222 of the BNSS.

If you are the complainant

If you are the one making allegations against a public figure or any individual, you must be aware of the legal ramifications. While freedom of speech is a fundamental right, it is not absolute and does not protect defamatory statements.

• Substantiate Your Claims: Ensure you have credible evidence to back up your allegations. Truth is a valid defence in a defamation case, but the burden of proof will be on you.
• Understand the Consequences: Making false and malicious allegations can lead to a criminal defamation case being filed against you, as well as a civil suit for damages.
• Avoid Malice: Your statements should be made in good faith and, if possible, in the public interest. Personal vendettas or malicious intent can weaken your position significantly.
• 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

If you are the victim

If you are the target of defamatory statements, like Mr. Kulkarni in our example, there are specific legal steps you can take to protect your reputation and seek justice.

• Send a Legal Notice: The first step is often to have your lawyer send a legal notice to the person or entity making the defamatory statements. This notice typically demands an immediate retraction, an unconditional apology, and sometimes compensation for the damage caused.
• File a Criminal Complaint: You can file a private complaint for criminal defamation under Section 356 of the BNS before the appropriate Magistrate’s court.
• File a Civil Suit for Damages: Concurrently, you can file a civil lawsuit seeking monetary compensation (damages) for the loss of reputation and mental anguish caused by the defamatory remarks.
• 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

How the police behave in such cases

As criminal defamation under Section 356 of the BNS is a non-cognizable offence, the police do not have the authority to register an FIR or make an arrest without a warrant from the court. The aggrieved person must file a complaint directly with a Magistrate. The police’s role is generally limited to conducting an investigation if directed by the court after the complaint has been filed and the court has taken cognizance of the offence.

FAQs people normally have

Is it defamation if the statement is true?
No. Truth is a strong defence against a defamation charge, provided the statement was made for the public good.

What if the statement was just an opinion?
A fair comment or an honestly held opinion on a matter of public interest is generally not considered defamation. However, it should not be a malicious assertion of fact disguised as an opinion.

Can a company or an organization be defamed?
Yes, a legal entity like a company or an association can also file a defamation case if its reputation is harmed by false statements.

What evidence is required?

To build a strong defamation case, you will need to provide concrete evidence. This can include:

• The exact defamatory statement (e.g., a newspaper clipping, a recording of a speech, a screenshot of a social media post).
• Proof that the statement was published or communicated to a third party.
• Evidence that the statement refers to you.
• Testimony from witnesses who heard or read the statement and understood it to be defamatory.
• Evidence of damage to your reputation, such as loss of business, job opportunities, or social standing.

How long will the investigation take?

Defamation cases, being part of the judicial process, do not have a fixed timeline. The duration depends on various factors, including the complexity of the case, the evidence presented, the number of witnesses, and the schedule of the court. Since it begins with a private complaint, the process involves recording the complainant’s statement, examining witnesses, and then proceeding to trial. These cases can often take several years to reach a final verdict.

Advocate Sudhir Rao, Supreme Court of India