Is online defamation a punishable offence in India?

Yes, online defamation is a punishable offence in India and can lead to both criminal prosecution and a civil claim for damages. Publishing false statements that harm your reputation online is treated as seriously as offline defamation.

Key points

• Defamation covers false statements, whether spoken, written, or posted online, that harm a person's reputation.
• You can pursue a criminal complaint and/or a civil suit for damages.
• Preserve evidence with screenshots, URLs, and timestamps before the content is deleted.
• You can also ask the platform to take down the defamatory content.
• Truth, fair comment, and public interest can be valid defences for the other party.

Relevant law

Criminal defamation is covered under Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023. Online publication may also involve the Information Technology Act, 2000. Civil defamation allows a suit for damages under general tort law. Intermediary takedown obligations arise under the IT Rules, 2021.

What you can do

• Take dated screenshots and preserve URLs of the defamatory posts.
• Report the content to the platform and request removal.
• File a criminal complaint in Guwahati and/or a civil suit for damages.
• Consult a cyber law advocate in Guwahati to pursue defamation action.