A.
Dear client,
To prove defamation, you must establish:
A false statement was made (e.g., you "took all the money and ran away").
The statement was published (here, on social media, which counts).
The statement refers to you (your photo and name were used).
It caused harm to your reputation in the eyes of others.
It was made without lawful justification.
Hence,you can file a defamation case . The following are the provisions.
1. Civil Defamation Suit – for compensation:
You can file a civil suit under Tort Law seeking damages for loss of reputation.
Jurisdiction: District Civil Court or High Court depending on the amount claimed.
2. Section 356 of BNS, 2023 – Defamation
This is the new section that replaces Section 499 IPC. It defines defamation in similar terms:
"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..."
Punishment – Same as before:
Simple imprisonment up to 2 years, or
Fine, or
Both
This is triable by a Magistrate of the First Class.
3. Injunction & Takedown Notice:
You can also request a court injunction to stop him from posting further defamatory content.
File a complaint with the Cyber Cell or report the posts to social media platforms for takedown.
Posted On 11-Apr-2025
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