DEFAMATION NOTICE

Date: __________

TO:
__________, __________
__________

FROM:
__________, __________
__________

SUBJECT: Notice for defamation — demand for retraction and apology

Dear Sir / Madam,

1. THE STATEMENT COMPLAINED OF

1.1 The Recipient made, published or caused to be published the following statement concerning the Sender, by way of __________: "__________"

1.2 The statement was published as follows: __________

2. WHY THE STATEMENT IS FALSE AND DEFAMATORY

2.1 __________

2.2 As a direct result, the Sender has suffered the following harm: __________

3. THE DEMAND

3.1 The Sender calls upon the Recipient, within __________ days of receipt of this notice, to give __________.

4. LEGAL POSITION

4.1 Publication of a false and defamatory statement concerning a person, to a third person, without lawful justification or excuse, is actionable in a civil suit for damages and for an injunction restraining further publication.

4.2 It is also an offence of defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023, which corresponds to Sections 499 and 500 of the erstwhile Indian Penal Code, 1860, and is punishable with simple imprisonment, fine, community service, or a combination of these. Truth is ordinarily a complete defence to a civil claim in defamation; whether an exception to Section 356 applies on these facts — including where an imputation is true and its publication is for the public good — is a question for legal advice, and nothing in this notice is to be read as a concluded view on it.

4.3 Nothing in this notice waives, and everything in it expressly reserves, the Sender's right to pursue a complaint to any platform or intermediary hosting an online publication of the statement, in addition to the remedies stated above.

5. IF THE RECIPIENT DOES NOT COMPLY

5.1 If the Recipient fails to comply within the period stated in paragraph 3.1, the Sender reserves the right, without further notice beyond what the law requires, to initiate __________.

5.2 Nothing in this notice, and no partial compliance by the Recipient, amounts to a waiver of this notice or of any right or remedy of the Sender, unless the Sender agrees otherwise in a writing signed by or on behalf of the Sender and expressly referring to this notice.

6. SERVICE OF THIS NOTICE

6.1 This notice is in writing and is signed by or on behalf of the Sender. It is served by __________.

6.2 A notice properly addressed, pre-paid and posted is presumed to have been served in the ordinary course of post: Section 27 of the General Clauses Act, 1897, read with the presumption that official acts have been regularly performed, now Section 119(f) of the Bharatiya Sakshya Adhiniyam, 2023.

7. GOVERNING LAW AND JURISDICTION

7.1 This notice is governed by the laws of India. Subject to any exclusive jurisdiction conferred by law on a specific court or authority, the courts at __________ will have jurisdiction.

Yours faithfully,

_____________________________
__________
Sender
__________
Date: __________