Legal Notice for Defamation Format

When to use this notice

Use this notice when someone publishes false and damaging statements about you or your business — in print, on social media, in reviews, or by word of mouth — that lower your reputation. The notice demands retraction and apology, seeks removal of online content, and reserves your right to pursue civil damages and criminal action.

Statutory basis

Defamation in India is both a civil wrong and a criminal offence. Civil defamation is actionable under the law of torts, allowing a suit for damages and an injunction. Criminal defamation is now punishable under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (which replaced Sections 499 and 500 of the Indian Penal Code with effect from 1 July 2024), carrying imprisonment up to two years, a fine, or both. For online content, intermediaries may also be asked to take down defamatory material.

Replace every [placeholder] with your own details before use.

[ON THE LETTERHEAD OF THE ADVOCATE]

By Registered Post A/D & Email

Date: [DD/MM/YYYY]

To,
[Name of Person / Entity]
[Complete Address]

Subject: Legal notice for defamation and demand for apology, retraction, and damages.

Sir/Madam,

Under instructions from my client, [Client Name], of [Client Address], I serve upon you the following notice:

1. That on [DD/MM/YYYY], you published/uttered the following false and defamatory statement(s) about my client: "[reproduce the statement]" through [medium — e.g. Facebook post / newspaper / email / verbally at (place)].

2. That the said statement(s) are false, malicious, and made without any basis, and have gravely lowered my client’s reputation and caused mental agony and business loss.

3. That your conduct constitutes both civil defamation actionable in tort and criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023.

I therefore call upon you to (a) immediately and unconditionally withdraw and take down the said statement(s), (b) tender a written apology to my client, and (c) pay damages of Rs. [Amount], all within fifteen (15) days of receipt of this notice, failing which my client shall initiate civil and criminal proceedings against you at your risk, cost, and consequences.

[Advocate Name]
[Enrolment No. / Contact]

How to send this legal notice

1. Preserve evidence of the defamatory statement — screenshots, URLs, publication copies, or witnesses.
2. Establish that the statement is false, published to a third party, and harmful to your reputation.
3. Decide your demands — retraction, apology, takedown, and quantum of damages.
4. Draft the notice reproducing the statement and citing civil tort and Section 356 BNS.
5. Serve it on advocate letterhead by Registered Post A/D and email, keeping proof.
6. If ignored, file a civil defamation suit for damages/injunction and/or a criminal complaint.

Frequently asked questions