Is truth a complete defense against defamation in India?

Under criminal defamation (IPC S.499, Exception 1), truth is a defense only if the imputation was made for the public good. Under civil defamation, truth (justification) is generally a complete defense. The burden of proving truth lies on the person who made the statement.

What is the limitation period for a defamation suit?

For civil defamation, the limitation is 1 year from the date of publication (Article 75, Limitation Act 1963). For criminal defamation under S.500 IPC, the complaint must be filed within 3 years.

Can a company file a defamation case?

A company can file a civil defamation suit for damages to its reputation. However, a company cannot file a criminal defamation complaint under S.500 IPC as defamation is defined as harm to the reputation of a 'person' (though this has been debated in courts).

IPC S.499-500 / BNS S.356-357 Criminal + Civil

How to Respond to a Defamation Notice

A guide for advocates on responding to defamation notices — both criminal (IPC S.499/BNS S.356) and civil. Understand the 10 exceptions, available defenses, and how to draft a legally-sound reply.

What is Defamation Under Indian Law?

Defamation in India can be both a criminal offence (under IPC S.499-500, now BNS S.356-357) and a civil wrong (tort). Criminal defamation is punishable with imprisonment up to 2 years, fine, or both. Civil defamation allows the aggrieved party to claim monetary damages.

Section 499 IPC defines defamation as making or publishing any imputation concerning a person, intending to harm or knowing it will harm the reputation of that person. The section provides 10 exceptions that protect legitimate speech.

Important

The Supreme Court upheld the constitutional validity of criminal defamation in Subramanian Swamy v. Union of India (2016), holding that reputation is part of the right to life under Article 21.

10 Exceptions to Defamation (IPC S.499)

Truth for Public Good — Imputation is true and made for the public good.

Public Conduct of Public Servants — Fair opinion on the conduct of a public servant in their official capacity.

Public Questions — Opinion on conduct of any person touching a public question.

Court Proceedings — Substantially true report of court proceedings.

Merits of Decided Case — Expression of opinion on the merits of a decided case.

Public Performance — Opinion on the merits of any public performance.

Censure by Authority — Censure passed in good faith by a person having lawful authority over another.

Accusation in Good Faith — Accusation preferred in good faith to an authorized person.

Protection of Interest — Imputation made in good faith for protection of the maker's or other's interests.

Caution in Good Faith — Caution conveyed in good faith to another person.

How to Respond

1. Identify the type — Is it a threat of criminal prosecution (S.500 IPC) or civil suit for damages? The defense strategy differs significantly.

2. Analyze the imputation — What exact words or actions are alleged to be defamatory? Is it libel (written) or slander (spoken)?

3. Check which exception applies — Review the 10 exceptions above. If the statement was true and in public interest, Exception 1 is your strongest defense.

4. Gather evidence — Collect proof of truth, context of the statement, evidence of good faith, and any prior provocation.

5. Draft reply — Deny the allegation if false, or assert the applicable exception. Do NOT make further defamatory statements in the reply. Be measured and factual.

6. Consider strategic options — Quashing under S.482 CrPC (for frivolous criminal cases), mediation, or filing a counter-suit if the notice itself is an abuse of process.

Limitation Periods

Type	Period	From When
Civil defamation suit	1 year	Date of publication (Art. 75, Limitation Act)
Criminal complaint (S.500 IPC)	3 years	Date of offence (S.468 CrPC)

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