Criminal Defamation Complaint under Section 356 BNS
Updated complaint format for filing a private criminal defamation case before the competent Magistrate under Section 356 of the Bharatiya Nyaya Sanhita, 2023 read with the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Current criminal defamation law
What should be pleaded in a criminal defamation complaint
- The exact words, post, article, video, image, speech or imputation complained of, as accurately as practicable.
- The date, place, platform, account, publication details and identity of the accused.
- Publication to at least one person other than the complainant.
- Facts showing that the imputation concerned or was reasonably understood to concern the complainant.
- The defamatory meaning and how the imputation lowered the complainant's reputation in the estimation of others.
- Facts supporting intention, knowledge or reason to believe that the publication would harm reputation.
- Material relevant to the statutory exceptions under Section 356 BNS, especially where the publication concerns a public servant, public question, court proceeding, accusation to lawful authority, protection of interests or good-faith caution.
- Territorial jurisdiction and limitation.
- Witnesses and electronic/documentary material that will establish publication, identity, context and reputational harm.
Limitation for criminal defamation
Section 356(2) BNS provides a maximum of two years' simple imprisonment, fine, both, or community service. Under Section 514 BNSS, an offence punishable with imprisonment exceeding one year but not exceeding three years ordinarily attracts a three-year limitation period for taking cognizance, subject to the remaining provisions of Chapter XXXVIII, including commencement, exclusions, continuing offences and extension of limitation.
Section 514 also states, for computation of limitation, that the relevant date is the date of filing the complaint under Section 223 or recording information under Section 173, as applicable. Section 515 governs commencement of the limitation period.
Updated criminal defamation complaint format
The specimen below is intentionally fact-focused. Remove paragraphs that do not apply and plead the statutory ingredients using facts that can be proved. Where the alleged publication predates 1 July 2024 or forms part of saved proceedings, verify whether the IPC/CrPC framework continues to apply under the savings provisions.
IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS / METROPOLITAN MAGISTRATE AT ________________
COMPLAINT CASE NO. ________ OF 20__
IN THE MATTER OF:
Name of Complainant
Age: ____ years
Occupation: ________________
Address: ____________________________________________
...Complainant
VERSUS
Name of Accused
Age/description: ________________
Address: ____________________________________________
...Accused
COMPLAINT UNDER SECTION 356 OF THE BHARATIYA NYAYA SANHITA, 2023 READ WITH SECTIONS 210, 222 AND 223 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
MOST RESPECTFULLY SHOWETH:
1. The Complainant is state profession, occupation, public/professional standing and relevant background and has acquired reputation and goodwill among community/profession/clients/public.
2. The Accused is state identity, occupation and relationship/context relevant to the dispute.
3. On date at/about time, the Accused made/published an imputation concerning the Complainant through social-media platform/newspaper/video/speech/message/other medium.
4. The impugned publication is identifiable by the following particulars: URL/account name/post ID/headline/newspaper edition/event/place/other details.
5. Defamatory content: The material words/imputations complained of are:
"reproduce or accurately set out the material words"
6. The said words expressly named the Complainant and/or were understood to concern the Complainant because state identification facts.
7. Publication: The Accused published/communicated the imputation to persons other than the Complainant, including identify recipients/audience/readership/followers/witnesses, as known. The following witnesses saw/heard/read the publication: ____________________________.
8. Defamatory meaning and harm: In their natural and ordinary meaning and in the context of publication, the words conveyed that state the defamatory meaning. The publication lowered the Complainant's reputation in the estimation of others and affected the Complainant's moral/intellectual/professional/social/financial reputation, as factually applicable.
9. Falsity and context: The allegation is false. The material facts demonstrating falsity are ____________________________________________________________. Documents supporting the same are annexed as Annexure C-__.
10. Intention/knowledge: The facts showing that the Accused intended to harm, or knew or had reason to believe that the imputation would harm, the Complainant's reputation include prior communications, repeated publication, refusal to verify, knowledge of contrary facts or other proved circumstances.
11. Statutory exceptions: On the facts of the present case, the impugned publication does not attract the exception(s) relied upon or reasonably anticipated because state material facts carefully; do not make conclusory allegations. In particular, where public-good or good-faith issues arise, the Complainant relies upon facts relevant to truth, due care, source verification, context and purpose.
12. The Complainant suffered the following reputational consequences after publication: persons questioning integrity, professional impact, social consequences, loss of standing or other provable facts.
13. The Complainant issued a legal notice dated ____________ calling upon the Accused to withdraw/correct/apologise/cease publication. The Accused did not reply/replied on ______/refused/repeated the allegation. Copies are annexed. If no notice was issued, modify or delete this paragraph; prior notice is not a universal prerequisite to a private criminal defamation complaint.
14. Cause and jurisdiction: The publication was made, accessed/heard and/or caused the legally relevant consequence at ____________. The facts establishing territorial jurisdiction of this Hon'ble Court are ____________________________________________________________.
15. Limitation: The offence/publication relied upon occurred on ____________. The complaint is within the limitation period prescribed by Chapter XXXVIII of the BNSS. If exclusion, continuing offence or extension of limitation is relied upon, the facts are ____________________________________________________________.
16. The Complainant is a "person aggrieved" by the offence within the meaning of Section 222 BNSS and is therefore competent to institute this complaint.
17. The acts stated above disclose the offence of defamation punishable under Section 356 of the Bharatiya Nyaya Sanhita, 2023, subject to proof and determination by this Hon'ble Court.
PRAYER
In these circumstances, the Complainant respectfully prays that this Hon'ble Court may be pleased to:
(a) take cognizance of the complaint in accordance with law;
(b) examine the Complainant and witnesses and follow the procedure prescribed by Sections 223 to 227 BNSS, as applicable;
(c) issue process against the Accused if sufficient ground for proceeding is found;
(d) try and deal with the Accused for the offence under Section 356 BNS in accordance with law; and
(e) pass such other lawful order as this Hon'ble Court considers appropriate.
Place: ____________
Date: ____________
COMPLAINANT
Through Counsel, if represented
VERIFICATION
I, ____________________________, the Complainant above named, verify that paragraphs ____ to ____ are true to my personal knowledge; paragraphs ____ to ____ are based on records/information believed to be true; and nothing material has been concealed.
Verified at ____________ on this ____ day of ____________, 20__.
COMPLAINANT
Affidavit in support of complaint
IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS / METROPOLITAN MAGISTRATE AT ________________
COMPLAINT CASE NO. ________ OF 20__
Complainant v. Accused
AFFIDAVIT
I, ____________________________, son/daughter/spouse of ____________________________, aged about ____ years, residing at ____________________________________________, solemnly affirm and state:
1. I am the Complainant in the accompanying complaint and am acquainted with its facts and records and competent to swear this affidavit.
2. The accompanying complaint has been prepared under my instructions. Its factual contents are true to my knowledge and/or based on records and information believed to be true, as indicated in the verification.
3. The documents/electronic records filed with the complaint are relied upon subject to proof in accordance with the Bharatiya Sakshya Adhiniyam, 2023 and applicable procedural and e-filing rules.
DEPONENT
Verification
I verify that the contents of paragraphs 1 to 3 above are true and correct to my knowledge and belief, no part is false and nothing material has been concealed.
Verified at ____________ on this ____ day of ____________, 20__.
DEPONENT
Complaint procedure under BNSS
| Provision | Practical relevance |
|---|---|
| Section 210 | Cognizance of offences by Magistrates. |
| Section 222 | Special rule for prosecution of defamation; ordinarily requires complaint by the person aggrieved. |
| Section 223 | Examination of complainant and witnesses; includes the statutory opportunity-of-hearing proviso for the accused before cognizance. |
| Section 224 | Procedure where the Magistrate is not competent to take cognizance. |
| Section 225 | Postponement of issue of process and inquiry/investigation in appropriate cases. |
| Section 226 | Dismissal of complaint where there is no sufficient ground for proceeding. |
| Section 227 | Issue of process where sufficient ground for proceeding exists. |
Documents and evidence checklist
- Original or reliable copy of the alleged defamatory publication.
- URL, account/profile details, publication date/time, post ID, newspaper edition or event details.
- Names and addresses of witnesses who read, heard or saw the publication.
- Documents showing that the imputation referred to the complainant.
- Records contradicting the allegation and supporting falsity/context, where relevant.
- Facts and materials relevant to good faith and the statutory exceptions under Section 356 BNS.
- Electronic-record material and certificate/documentation required by the Bharatiya Sakshya Adhiniyam, 2023.
- Legal notice, reply and proof of service, if relied upon.
- Material demonstrating territorial jurisdiction and limitation.
Official legal resources
- Bharatiya Nyaya Sanhita, 2023Official India Code text. Section 356 governs defamation.
- Bharatiya Nagarik Suraksha Sanhita, 2023Official text. See Sections 210, 222-227, 513-519, 530 and 531.
- Bharatiya Sakshya Adhiniyam, 2023Current law governing evidence, including electronic and digital records.
- eCourts e-FilingOfficial filing service for participating courts.
- eCourts ServicesOfficial case status and court-services portal.
- India CodeOfficial central legislation portal.
Criminal defamation is fact-sensitive. Before filing, assess the exact words, publication, identity, reputational harm, statutory exceptions, limitation, territorial jurisdiction and the applicable savings provisions. Public-interest criticism and good-faith opinion require particular care.