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? What I am unsure about is the procedure — where the application goes, what it costs, and how long criminal defamation bns 356 matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to criminal defamation bns 356 here is BNS 2023 s.356 and Bharatiya Nagarik Suraksha Sanhita s.223. The detail below matters, because BNS 2023 s.356 draws the line differently depending on what your documents show.

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 this means for you: 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.

Where the facts are disputed, what usually decides a criminal defamation bns 356 matter is the paper trail — dated complaints, acknowledgments and written replies under BNS 2023 s.356. 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 criminal law.