Defamation and Online Harassment Laws in India

The Constitution allows the state to place reasonable limits on free speech in relation to defamation. Civil liability for defamation comes from the law of torts, which the Supreme Court has treated as one of the laws protected by that clause. The criminal offence is defined in section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code from 1 July 2024.

Sources1Constitution of India, Article 19(2)2R. Rajagopal v State of Tamil Nadu (1994) 6 SCC 632, para. 213Bharatiya Nyaya Sanhita, 2023 (No. 45 of 2023), ss. 356 and 3584Ministry of Home Affairs notification S.O. 850(E) (BNS in force from 1 July 2024)

Defamation is a crime under section 356 of the BNS, punishable by simple imprisonment of up to two years, a fine, both, or community service. Knowingly printing, engraving or selling defamatory material can bring up to two years of simple imprisonment, a fine, or both. As a rule, a court can act only on a complaint from the person harmed (a public prosecutor can file for certain senior officials over their official conduct), and the time limit for the complaint is generally three years.

Sources3Bharatiya Nyaya Sanhita, 2023, s. 356(2)-(4)5Bharatiya Nagarik Suraksha Sanhita, 2023, ss. 222 and 514(2)(c)6Subramanian Swamy v Union of India (2016), para. 199

A civil claim for libel must be filed within one year of publication. A slander claim must be filed within one year of the words being spoken. If the words can be sued on only with proof of special damage, the year runs from when that damage results.

Source7Limitation Act, 1963, Schedule, Articles 75 and 76

The Limitation Act recognises that some spoken words are not actionable on their own and can be sued on only if they cause special damage. For that kind of slander, the one-year limit starts when the damage results rather than when the words were spoken.

Source7Limitation Act, 1963, Schedule, Article 76

Section 356 of the BNS lists ten exceptions. They include true statements made for the public good, good-faith opinion on public servants and public questions, substantially true reports of court proceedings, good-faith opinion on works offered to the public, and good-faith statements made to protect someone's interests. In civil cases, the Supreme Court has held that public officials cannot recover damages over their official conduct unless they show reckless disregard for the truth; a media defendant that reasonably verified the facts is protected, but a false publication made out of malice is not. Government bodies cannot bring a civil claim for damages for defamation.

Sources3Bharatiya Nyaya Sanhita, 2023, s. 356(1), Exceptions 1-102R. Rajagopal v State of Tamil Nadu (1994) 6 SCC 632, para. 26

Under section 78 of the BNS, a man commits stalking if he monitors a woman's use of the internet, email or other electronic communication, or repeatedly tries to contact her despite a clear sign that she is not interested. A first conviction can bring up to three years in prison and a fine. A repeat conviction can bring up to five years and a fine.

Source3Bharatiya Nyaya Sanhita, 2023, s. 78

Threatening harm to someone's person, reputation or property to cause alarm is criminal intimidation under section 351 of the BNS, punishable by up to two years, a fine, or both. Making the threat anonymously, or hiding who is behind it, can add up to two more years. Section 79 also punishes words, sounds, gestures or objects meant to insult a woman's modesty, or intrusion on her privacy. The former offence of sending 'offensive' online messages (section 66A of the IT Act) was struck down by the Supreme Court in 2015 and is no longer valid law.

Sources3Bharatiya Nyaya Sanhita, 2023, ss. 79 and 3518Shreya Singhal v Union of India (2015), para. 119

Capturing, publishing or sending an image of a person's private area without consent, in circumstances that violate their privacy, is an offence under section 66E of the IT Act, punishable by up to three years in prison, a fine of up to two lakh rupees, or both. Section 77 of the BNS also covers sharing images of a woman in a private act, even if she agreed to the image being taken but not to it being shared. Since 20 February 2026, platforms must take reasonable steps to remove such content, including morphed images, within two hours of a complaint from the person shown or someone acting for them.

Sources9Information Technology Act, 2000, s. 66E3Bharatiya Nyaya Sanhita, 2023, s. 7710IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, G.S.R. 120(E) (in force 20 February 2026)11IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, r. 3(2)(b) (MeitY text updated as on 10.02.2026)