Can I file a criminal defamation case under BNS Section 356 for false statements against me?

Question

Someone has published false and damaging statements about me publicly. Can I pursue criminal defamation in addition to a civil suit? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can I file a criminal defamation case under BNS Section 356 for false statements against me? is governed in India primarily by BNS 2023 s.356 and Bharatiya Nagarik Suraksha Sanhita s.223. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

BNS s.356 criminalises making or publishing any imputation concerning a person intending to harm, or knowing it is likely to harm, that person's reputation, punishable with up to 2 years imprisonment, fine, or both.

Criminal defamation is a private complaint offence — you generally cannot get police to register an FIR; instead you file a complaint directly before the Magistrate under BNSS s.223, supported by your sworn statement and witnesses.

Ten specific exceptions in the provision protect truthful statements made for public good, fair comment on public conduct, and statements made in good faith, so truth alone is not always a complete defence unless it is also for the public good.

You can pursue civil defamation (damages suit) simultaneously with criminal defamation, since they serve different purposes — compensation versus punishment — and one does not bar the other.

The Magistrate will examine you and your witnesses under BNSS s.225 before issuing process to the accused, so having documentary proof of the publication (screenshots, printouts, newspaper copies) is essential at the outset.

What to do next: 1) Collect all evidence of the defamatory statement, including screenshots, publication dates and witnesses; 2) Draft and file a private criminal complaint before the jurisdictional Magistrate under BNSS s.223; 3) Consider sending a legal notice demanding retraction and apology before litigation; 4) Evaluate filing a parallel civil suit for damages if reputational or financial harm is significant.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNS 2023 s.356 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.