Civil Law | Tort | Reputation

Civil Defamation Suit for Compensation under Order VII Rule 1 CPC

Updated specimen plaint for claiming civil damages for libel or slander, with current limitation, jurisdiction, valuation, pleading requirements, verification and affidavit.

Civil and criminal defamation are distinct. A suit for damages is a civil action in tort. Section 356 of the Bharatiya Nyaya Sanhita, 2023 separately governs criminal defamation. A civil plaint should plead the facts necessary for the tort claim rather than merely reproduce the criminal provision.

Key legal points before filing

Order VII Rule 1 CPCThe plaint must state the court, parties, cause of action and when it arose, jurisdictional facts, relief claimed, and valuation for jurisdiction and court fee.
Limitation: libelArticle 75 of the Limitation Act, 1963 generally provides one year from publication of the libel for a suit seeking compensation for libel.
Limitation: slanderArticle 76 generally provides one year from when the words are spoken or, where special damage is required, from when that damage results.
Court fee and pecuniary jurisdictionThese depend on the amount claimed and the applicable State/UT court-fee and civil-court jurisdiction laws. They should not be stated as a single all-India amount or forum.
Important correction to the specimen: a pure defamation claim does not ordinarily wait for acquittal before limitation starts. For libel, limitation normally runs from publication; for slander, from the spoken words or relevant special damage. If the real claim is malicious prosecution or another tort, different elements and limitation rules may apply and should be pleaded separately.

What a civil defamation plaint should plead

  1. The precise words, publication, post, message, article, video, image or other imputation complained of, so far as practicable.
  2. When, where and to whom the defamatory matter was published or communicated.
  3. How the words referred to the plaintiff and how they would lower the plaintiff's reputation in the estimation of others.
  4. The falsity, context, absence of lawful justification and facts showing malice where relevant.
  5. Actual or probable reputational, professional or financial harm and the factual basis for the amount claimed.
  6. Every material publication relied upon for limitation and cause of action.
  7. Facts establishing territorial and pecuniary jurisdiction.
  8. Correct valuation and court fee under the law applicable in the forum State/UT.

Sample plaint for compensation for defamation

This is an adaptable specimen. Replace every placeholder with the actual facts, exact defamatory publication, date, audience, jurisdictional basis, valuation and evidence. Do not plead malicious prosecution merely because a complaint was made unless the legally required facts for that separate cause of action exist.

IN THE COURT OF ________________________ AT ____________

CIVIL SUIT NO. ________ OF 20__

IN THE MATTER OF:

Name of Plaintiff
Age: ____ years
Occupation: ________________
Address: ____________________________________________

...Plaintiff

VERSUS

Name of Defendant
Age/Description: ________________
Address: ____________________________________________

...Defendant

PLAINT UNDER ORDER VII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF DAMAGES FOR DEFAMATION

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff is profession/status and relevant background and has, over the years, acquired reputation and goodwill among patients/clients/employers/community/public.

2. The Defendant is description and connection with Plaintiff and is residing/carrying on activities at ____________________________.

3. On date at/about time, the Defendant published/communicated the following statement or imputation concerning the Plaintiff: set out the material words accurately or identify the annexed publication.

4. The statement was published through social-media platform/newspaper/message/video/oral communication/other medium and was communicated to persons other than the Plaintiff, including identify audience or recipients as far as known.

5. The publication referred to and was reasonably understood to refer to the Plaintiff because facts connecting the publication to Plaintiff.

6. The imputation conveyed, in its natural and ordinary meaning and/or in the context in which it was published, that state defamatory meaning relied upon, thereby tending to lower the Plaintiff's reputation in the estimation of right-thinking members of society and/or adversely affecting the Plaintiff's profession, trade, office or social standing.

7. The said allegations are false. The material facts demonstrating their falsity are: ____________________________________________________________. Supporting documents are annexed as Annexure P-__.

8. The Defendant knew, or had sufficient reason to know, that the allegations were false/recklessly published them without proper basis, as shown by the following facts: ____________________________________________________________.

9. The circumstances showing malice, where relied upon, include: prior dispute/threat/demand/repetition/refusal to correct/other proved facts. The Plaintiff relies only on facts that can be established by evidence.

10. As a direct and foreseeable consequence of the publication, the Plaintiff suffered injury to reputation, embarrassment and mental distress. The Plaintiff further suffered the following specific professional or financial consequences, if any: ____________________________________________________________.

11. The persons who became aware of the publication and whose evidence may be relied upon include names/descriptions. Copies/screenshots/records of the publication and related communications are annexed, subject to proof in accordance with applicable evidence law.

12. The Plaintiff quantifies damages at Rs. ____________, comprising, to the extent actually claimed and supportable:

(a) general damages for injury to reputation: Rs. ____________
(b) proved loss of profession/business/income: Rs. ____________
(c) other legally recoverable consequential loss: Rs. ____________
Total: Rs. ____________

13. The Plaintiff caused a legal notice dated ____________ to be served upon the Defendant seeking withdrawal/apology/cessation/damages. The Defendant failed to respond/refused/continued publication/replied as follows. Copy of the notice and proof of service are annexed. Where no pre-suit notice is legally required and none was issued, this paragraph should be modified or deleted.

14. Cause of action and limitation: The cause of action for the publication relied upon arose on ____________, when the Defendant published/spoke the defamatory matter. This suit is filed within the applicable limitation period. Each additional publication relied upon, if any, is specifically pleaded with its date and particulars in paragraph ____.

15. Territorial jurisdiction: This Hon'ble Court has territorial jurisdiction because state the material facts under the CPC and applicable law, such as the place where the cause of action wholly/partly arose or other valid basis.

16. Pecuniary jurisdiction: The value of the suit is Rs. ____________, which falls within the pecuniary jurisdiction of this Hon'ble Court under the law applicable to this forum.

17. Valuation and court fee: For jurisdiction and court-fee purposes the suit is valued at Rs. ____________, and the applicable court fee has been paid in accordance with the court-fee law and rules in force in this State/Union Territory.

18. No part of the claim has been relinquished except as expressly stated herein, and no other suit seeking the same relief on the same cause of action is pending between the parties, save as disclosed here: ____________________________________________________________.

PRAYER

In view of the facts stated above, the Plaintiff respectfully prays that this Hon'ble Court may be pleased to:

(a) pass a decree for Rs. ____________ as damages in favour of the Plaintiff and against the Defendant;

(b) award interest, if legally permissible, under Section 34 CPC at such rate and for such period as this Hon'ble Court considers appropriate;

(c) award costs of the suit; and

(d) grant such other or further relief as this Hon'ble Court may consider just and lawful in the circumstances.

Place: ____________
Date: ____________

PLAINTIFF
Through Counsel, if represented

VERIFICATION

I, ____________________________, the Plaintiff above named, verify that paragraphs ____ to ____ are true to my personal knowledge; paragraphs ____ to ____ are based on records/information believed to be true; and the prayer contains the relief sought. Nothing material has been concealed.

Verified at ____________ on this ____ day of ____________, 20__.

PLAINTIFF

Affidavit in support of plaint

IN THE COURT OF ________________________ AT ____________

CIVIL SUIT NO. ________ OF 20__

Plaintiff v. Defendant

AFFIDAVIT

I, ____________________________, son/daughter/spouse of ____________________________, aged about ____ years, residing at ____________________________________________, do hereby solemnly affirm and state:

1. I am the Plaintiff in the accompanying suit and am acquainted with the facts and records of the case and competent to swear this affidavit.

2. The accompanying plaint has been prepared under my instructions. Its contents are true and correct to my knowledge and/or based on records and information believed by me to be true, as indicated in the verification to the plaint.

3. The documents filed with the plaint are true copies of their respective originals/electronic records to the extent stated, subject to proof and the applicable rules governing electronic evidence and filing.

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

Evidence and documents commonly required

  1. The original publication or reliable copy, URL/page details, screenshot, newspaper clipping, message, recording or other material relied upon.
  2. Evidence showing publication to at least one person other than the plaintiff.
  3. Witnesses who read/heard the statement and understood it to concern the plaintiff.
  4. Documents establishing falsity, context, malice or reckless conduct where those matters are relied upon.
  5. Proof of professional, business or financial loss where special damages are claimed.
  6. Electronic-record material in the form required by the Bharatiya Sakshya Adhiniyam, 2023 and applicable court/e-filing rules.
  7. Legal notice and proof of service, if issued.

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