Sample Legal Notice for Defamation
BY SPEED POST / REGISTERED POST / COURIER / EMAIL
Date: __________________
LEGAL NOTICE FOR DEFAMATION
To,
Mr./Ms. __________________________
Address: ________________________
__________________________________
Sir/Madam,
Under instructions from and on behalf of my client, Mr./Ms. __________________________, residing at __________________________, I hereby serve upon you the following legal notice:
1. That my client is __________________________ and has, over the years, earned goodwill, standing and reputation in his/her profession, occupation, social circle and/or public life.
2. That on or about __________________, you made, published, circulated and/or caused to be published certain statements, allegations, posts, messages, reports, videos, interviews or other imputations concerning my client through __________________________.
3. That the material complained of included, among other things, the following words/imputations:
"______________________________________________________________"
4. That the aforesaid allegations are false, misleading, reckless and defamatory. According to my client, you made and/or published them without lawful justification and with the intention, knowledge or reason to believe that they would harm my client's reputation.
5. That the statements were communicated to third parties and were capable of lowering, and have lowered, my client in the estimation of persons who know, deal with, work with or otherwise interact with my client, thereby causing injury to reputation, dignity, goodwill and standing.
6. That despite having no proper basis for making the aforesaid imputations, you repeated, republished and/or permitted their continued circulation on __________________________ [identify newspaper, website, social-media account, messaging platform, television channel or other medium, as applicable].
7. Your aforesaid acts may attract the law relating to defamation, including Section 356 of the Bharatiya Nyaya Sanhita, 2023, subject to the facts of the case and the statutory explanations and exceptions. Any criminal complaint, where maintainable, is governed by the applicable procedure including Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023. My client also reserves all other remedies available in law, including appropriate civil remedies for injunction and damages where maintainable.
8. You are therefore called upon to, within seven (7) days from receipt of this notice:
- cease and desist from making or publishing further defamatory statements concerning my client;
- remove or withdraw the impugned material from platforms under your control, to the extent legally and technically possible;
- issue an unconditional written and, where appropriate, public apology and correction with suitable prominence;
- refrain from repeating or republishing the impugned allegations; and
- preserve all relevant records, communications, source material, electronic records and publication data relating to the impugned statements.
9. In the event of your failure to comply within the aforesaid period, my client shall be at liberty to initiate such civil and/or criminal proceedings as may be advised and maintainable in law, at your risk as to costs and consequences, without further reference to you.
This notice is issued without prejudice to all rights, remedies and contentions of my client in law and on facts. A copy of this notice is retained in my office for record and further action.
__________________________
Advocate