Legal Notice for Defamation Format
A defamation legal notice is a formal demand to a person who has made false statements harming your reputation, calling on them to retract, apologise, take down the content, and/or pay damages within a stated period. It relies on civil tort law and, for criminal defamation, Section 356 of the Bharatiya Nyaya Sanhita, 2023.
When to send 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.
[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]
Replace every [placeholder] with your own details before use.
How to send this legal notice
From draft to proof of delivery and the next legal step.
Preserve evidence of the defamatory statement — screenshots, URLs, publication copies, or witnesses.
Establish that the statement is false, published to a third party, and harmful to your reputation.
Decide your demands — retraction, apology, takedown, and quantum of damages.
Draft the notice reproducing the statement and citing civil tort and Section 356 BNS.
Serve it on advocate letterhead by Registered Post A/D and email, keeping proof.
If ignored, file a civil defamation suit for damages/injunction and/or a criminal complaint.
Frequently asked questions
Is defamation a civil or criminal offence in India?
It is both. You can file a civil suit in tort for damages and an injunction, and separately pursue criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023, which replaced the earlier IPC Sections 499 and 500.
Can I demand removal of an online defamatory post?
Yes. The notice can demand that the author take down the content, and you can separately approach the hosting platform or intermediary for removal. A court can also grant an injunction directing takedown.
What must I prove in a defamation claim?
Broadly, that a false statement was made and published to at least one third party, that it referred to you, and that it lowered your reputation. Truth, fair comment, and privilege are common defences the other side may raise.
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From template to tracked notice
Draft from approved formats, dispatch with delivery proof, and get reminded before the reply window closes, then turn an unanswered notice into a case in one click.