Defamation & Online Harassment Notice

Defamation is defined under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 499 of the Indian Penal Code. It covers any imputation, by words, signs, or visible representation, that harms the reputation of a person. Online posts, screenshots, videos, and public social media content can all constitute defamation if they contain false statements of fact that lower the complainant in the estimation of right-thinking members of society.

Several specific acts attract criminal liability under the Information Technology Act, 2000: publishing or transmitting obscene or lascivious material (Section 67), violating privacy by capturing, publishing or transmitting the image of a private area of a person without consent, under circumstances violating that person's privacy (Section 66E), fraudulent or dishonest use of another person's electronic signature, password or other unique identification feature (Section 66C), and cheating by personation using a communication device or computer resource (Section 66D). Cyberstalking by a man following or monitoring a woman online despite her clear disinterest is punishable under Section 78 of BNS 2023. Criminal intimidation by explicit threat is punishable under Section 351 BNS.

No. Section 66A of the IT Act, which criminalised online speech deemed 'grossly offensive' or 'menacing', was struck down as unconstitutional by the Supreme Court of India in Shreya Singhal v. Union of India, (2015) 5 SCC 1. Any notice or complaint purporting to rely on Section 66A has no legal basis. NyayaDraft's AI is specifically instructed never to cite Section 66A, and a post-generation check ensures it is never included in your notice.

Section 67 of the IT Act applies to whoever 'publishes or transmits or causes to be published or transmitted in the electronic form' any material 'which is lascivious or appeals to the prurient interest'. The offence is framed around publishing or transmitting the material. NyayaDraft's citation gates follow this wording: Section 67 is cited only where you indicate the material was published, transmitted, or forwarded, and not where the other party only viewed or liked it.

Section 78 of the Bharatiya Nyaya Sanhita, 2023 defines stalking with specific reference to a man following or monitoring a woman. The provision's gender-specific language means it does not apply where the accused is a woman or the complainant is a man. For non-gender-specific forms of persistent harassment, other provisions — such as Section 356 BNS (defamation) or Section 351 BNS (criminal intimidation) — may apply depending on the facts.

Send via Registered Post with Acknowledgement Due (AD) or Speed Post with delivery confirmation to the accused's last known residential or business address. If the accused's address is unknown, the notice can be forwarded to the platform (Instagram, Twitter/X, etc.) with a request to forward it to the account holder, alongside a formal takedown request. Keep the postal receipt and acknowledgement card — these are your proof of service if you escalate to a criminal complaint.

Yes. Under Section 514(2)(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), no Court can take cognizance of an offence punishable with imprisonment exceeding one year but not exceeding three years after the expiry of three years. BNS Section 356(2) provides for simple imprisonment up to two years for defamation, placing it within this three-year limitation window. The period ordinarily begins on the date of the offence (Section 515(1)(a) BNSS). In appropriate cases, a court may look at Sections 515, 516, and 517 of the BNSS regarding exclusions of time — for example, where a prior prosecution was pending in good faith, or where an injunction or order stayed the proceedings. Sending this legal notice does not stop or extend the limitation period. If you are concerned about timing, consult a qualified advocate promptly.

Yes. Under the First Schedule to the Limitation Act, 1963 (Act No. 36 of 1963), a civil suit for damages for libel must be filed within one year from the date the libel is published (Article 75). A civil suit for damages for slander must be filed within one year from the date the words are spoken — or, if the words are not actionable in themselves, from the date the special damage complained of results (Article 76). Sending this legal notice does not stop, pause, or extend this limitation period. Consult a qualified advocate promptly if you are considering a civil suit for damages.

This tool generates an AI-drafted legal notice based on your inputs. For complex matters — especially those involving sustained harassment campaigns, doxxing, intimate partner violence, or criminal complaints requiring a Section 223 BNSS (formerly Section 200 CrPC) statement — consulting a qualified advocate is strongly recommended. The disclaimer in every document reflects this.