What is defamation under BNS 2023?

BNS s.356 (effective 1 July 2024) replaces IPC s.499-500. It defines defamation as making or publishing any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person. Exceptions 1-10 mirror the old IPC exceptions (truth in public interest, fair comment, court reports, etc.).

Is defamation a bailable offence under BNS?

BNS First Schedule — defamation is **bailable**, **compoundable**, **non-cognizable**, triable by Magistrate First Class. Bail as of right; complaint must be by aggrieved party or legal representative (no police cognizance).

What is the punishment for defamation under BNS s.356?

Up to 2 years imprisonment, or fine, or both, or community service for first conviction. Second / subsequent conviction under s.357 — up to 2 years + fine + community service.

Can I send a defamation notice for online content?

Yes — first approach the Grievance Officer of the intermediary (IT Rules 2021 Rule 3) — interim removal within 24 hours if prima facie unlawful; final decision within 15 days. If intermediary fails to act, file notice to publisher + civil suit + criminal complaint — intermediary loses s.79 IT Act safe harbour.

What is the limitation period for filing defamation suit?

Civil suit for damages — 3 years from date of publication (Art.113 Limitation Act 1963). Criminal complaint — 3 years from date of offence (BNSS s.468 — offence punishable up to 3 years — though s.356 BNS punishes up to 2 years, limitation is 3 years under BNSS s.468 [c] [offence punishable up to 1 year → 1 year; >1 year but ≤3 years → 3 years]).

What are the Exceptions 1-10 to defamation under s.358 BNS?

(1) Truth in public interest; (2) Public conduct of public servants; (3) Conduct of any person touching any public question; (4) Published reports of court proceedings; (5) Merits of case decided in court; (6) Literary criticism; (7) Censure of public servant by another public servant; (8) Censure in good faith by person having lawful authority; (9) Good faith complaint of person having lawful authority; (10) Conveyance of information in good faith for protection of interests.

Can a company sue for defamation?

Yes — a company / firm / association has a separate legal personality and can sue for defamation in respect of its business / trade reputation — BNS s.358 Exception 10 — *Tata Sons Ltd. v. Greenpeace International* (2011) Bombay HC.

What is a Section 65B Evidence Act certificate and why is it needed?

Required for admissibility of electronic evidence (screenshots, emails, WhatsApp chats) in court — *Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal* (2020) SC. Without a 65B certificate, electronic evidence is inadmissible. The certificate must identify the device, the source of data, and the process of production.

Editor's pickStartup

Legal Notice For Defamation

Apply for defamation legal notice with expert assistance. Understand documents required, government fees, processing time and the step-by-step process before you.

Statutory basis: **BNS 2023 — s.356 (Defamation — punishment up to 2 yrs / fine / both / community service for first conviction)**, **s.357 (Defamation — second / subsequent conviction — up to 2 yrs + fine + community service)**, **s.358 (Defamation by publication of alleged matter — exceptions list mirrors IPC s.499 Exceptions 1-10)**.

Turnaround

7–14 Working Days

₹

Starts from

₹2,299

Money-back accuracy

Guaranteed

Total starting from

₹2,299

Professional fee (no government fee)

Professional fee₹2,299 starts with

Government fee (est.)No fee

Turnaround7–14 Working Days

Money-back accuracy. CA/CS specialist. Tracked client portal.

CONFIRMEDverified 25 Aug 2026

Dedicated specialist

CA-led, named point of contact

Tracked client portal

Real-time status, end-to-end

Money-back accuracy

Refile-free if our error

Flat-fee pricing

No hidden charges, ever

About this service

Legal Notice For Defamation is a key regulatory filing administered by the relevant statutory authority. Filing is executed via No statutory form for defamation notice. Civil suit — Plaint under CPC O.VII r.1 — Schedule I & II of Court Fees Act 1870 (ad-valorem court fee on damages claimed). Criminal complaint — Private Complaint under BNSS s.223 — format per state District Court Rules (Delhi — Chapter VII-A Delhi High Court Original Side Rules). under **BNS 2023 — s.356 (Defamation — punishment up to 2 yrs / fine / both / community service for first conviction)**, **s.357 (Defamation — second / subsequent conviction — up to 2 yrs + fine + community service)**, **s.358 (Defamation by publication of alleged matter — exceptions list mirrors IPC s.499 Exceptions 1-10)**; *(Pre-1 July 2024: Indian Penal Code 1860 s.499-502 — now repealed by BNS but cause of action accrued pre-1 July 2024 continues under IPC per BNSS s.536 savings clause)*; BNSS 2023 — s.223 (cognizance by Magistrate — private complaint), s.210-216 (summons-cases trial), s.280 (examination of complainant on affidavit); Civil remedy — tort of defamation (common law — no statute) + Permanent & Mandatory Injunction under Specific Relief Act 1963 s.37-38 + Damages under Indian Contract Act s.73 / common law tort principles + Declaration under Specific Relief Act s.34; IT Act 2000 — s.67A / 67C (intermediary liability for online defamation — *Shreya Singhal v. Union of India* (2015) SC — s.79 safe harbour interpretation); IT Rules 2021 — Rule 3 (due diligence by intermediary) + Rule 7 (loss of safe harbour if non-compliant).. Our specialist-led team ensures full compliance with statutory documentation, eligibility verification, and expedited government approval.

Eligibility & thresholds

Minimum

Valid identity & address proof of applicant
Active PAN & registered business premises
Authorized representative authorization

Maximum

Compliant under applicable regulatory laws
No pending statutory disqualifications
Valid across authorized operational jurisdictions

Statutory floor

Pre-filing statutory documentation verification
Official statutory fee schedule as per authority
Mandatory periodic compliance filings post-approval

What's included

Everything in one transparent fee — no add-ons, no surprises.

Investor-Centric AOA Drafting

If you plan to raise institutional funding, standard Articles of Association (AOA) will not suffice. Venture capitalists demand specific clauses regarding right of first refusal (ROFR), tag-along/drag-along rights, and anti-dilution provisions. Our elite corporate lawyers draft sophisticated AOAs that anticipate future funding rounds, preventing costly and time-consuming structural overhauls when you secure term sheets.

Complex Multi-Founder Structuring

Co-founder disputes are the leading cause of early-stage startup failure. We don't just register your company; we advise on optimal equity splits, director roles, and authorized capital distribution. We provide templates for Co-Founder Agreements and vesting schedules, ensuring that the foundational relationship between partners is legally documented and aligned for long-term stability.

Rapid SPICe+ Processing Engine

Time is of the essence for startups. We utilize an advanced compliance engine that preemptively validates all data entered into the SPICe+ (INC-32) form. By cross-referencing PAN databases, checking DIN eligibility, and formatting registered office proofs perfectly, we eliminate typographical errors that typically cause frustrating ROC resubmission delays, ensuring first-pass approval.

Strategic Authorized Capital Advisory

Determining your initial Authorized Share Capital is a delicate balance. Set it too low, and you'll immediately face high fees to increase it during your first seed round. Set it too high, and you pay unnecessary upfront government stamp duty. We analyze your 12-to-18-month funding roadmap to recommend the exact optimal capital structure that minimizes immediate costs while accommodating your immediate growth.

ESOP Implementation Framework

Attracting top-tier talent in the startup ecosystem often requires offering Employee Stock Ownership Plans. A Private Limited Company is the only structure that efficiently supports this. As part of our premium advisory, we structure your initial cap table to accommodate a future ESOP pool seamlessly, ensuring you are ready to incentivize your founding team.

Comprehensive Post-Incorporation Toolkit

Receiving the Certificate of Incorporation is just the starting line. Within the first 30 to 180 days, you must open a bank account, appoint a statutory auditor (ADT-1), and file the Commencement of Business (INC-20A). We provide a complete post-incorporation execution service, handling these mandatory compliance milestones so you can focus entirely on product development and sales.

Government Fee Breakdown

Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.

Fee Component	Amount (₹)	Basis / Authority
Legal Notice For Defamation Statutory Filing	₹0 (No government fee)	Government fee is Nil / exempted under applicable statutory rulesOfficial Regulator
Total Government Fee	No fee	(for default assumptions stated below)

Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.

Required documents

Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.

›screenshot / printout of defamatory publication (certified u/s.65B Evidence Act — Section 65B certif — screenshot / printout of defamatory publication (certified u/s.65B Evidence Act — Section 65B certificate format — *Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal* (2020) SC — mandatory);
›URL / DOI / publication date; — URL / DOI / publication date;
›details of publisher / author / intermediary; — details of publisher / author / intermediary;
›KYC of complainant; — KYC of complainant;
›prior correspondence with publisher / intermediary (grievance appeal under IT Rules 2021 Rule 3(2) — — prior correspondence with publisher / intermediary (grievance appeal under IT Rules 2021 Rule 3(2) — 24-hour acknowledgement + 15-day resolution);
›evidence of loss / injury — quantification of damages (loss of business — turnover / contracts lost) — evidence of loss / injury — quantification of damages (loss of business — turnover / contracts lost);
›witness statements. — witness statements.

How it works

Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.

1
Customer⏱ 1 - 3 Days
Step 1: **Documentation**
**Documentation**: Collect evidence — screenshot with URL + timestamp; print publication; preserve electronic evidence with hash value (IT Act 2000 s.65B certificate — Form under Evidence Act).
2
I-Pro⏱ 1 - 3 Days
Step 2: **Grievance to intermediary**
**Grievance to intermediary**: Notice to Grievance Officer of intermediary (IT Rules 2021 Rule 3(2)) — interim removal of content within 24 hours (Rule 3(2)(d)); final decision within 15 days.
3
I-Pro⏱ 1 - 3 Days
Step 3: **Drafting legal notice**
**Drafting legal notice**: Advocate drafts notice — specify defamatory statements, publication date, publication context, injury caused, demand for unconditional public apology + retraction + removal of content + damages.
4
I-Pro⏱ 1 - 3 Days
Step 4: **Dispatch**
**Dispatch**: RPAD / Speed Post + email + courier to publisher / author / intermediary.
5
I-Pro⏱ 1 - 3 Days
Step 5: **Waiting period**
**Waiting period**: Typically 7-15 days for reply / compliance (no statutory period under BNS for criminal — but reasonable period expected).
6
I-Pro⏱ 1 - 3 Days
Step 6: **Civil suit for damages + injunction** (if relief inadequate)
**Civil suit for damages + injunction** (if relief inadequate): Plaint under CPC O.VII r.1 — damages + ad-interim / ex-parte injunction under Specific Relief Act 1963 s.37-38 — *Ex-parte ad-interim injunction* subject to triple-test — prima facie case + balance of convenience + irreparable loss.
7
I-Pro⏱ 1 - 3 Days
Step 7: **Criminal complaint** (if defamation serious
**Criminal complaint** (if defamation serious — s.356 BNS): Private complaint under BNSS s.223 before JMFC — Magistrate takes cognizance — issues summons to accused.
8
Regulator⏱ 1 - 3 Days
Step 8: **Trial & order**
**Trial & order**: Civil — interim injunction → evidence → final decree. Criminal — pre-charge evidence → charge → defence evidence → judgment.

Post-registration compliance

What to file next. I-Pro handles these as part of the annual compliance package.

Filing	Form	Deadline
Commencement of Business (Form INC-20A) Penalty: ₹50,000 for company + ₹1,000/day for directors (max ₹1 Lakh)	`One-time mandatory`	Within 180 days of incorporation after bank capital deposit
First Auditor Appointment (Form ADT-1) Penalty: Statutory non-compliance; prosecution of defaulting officers	`5-year tenure`	Within 30 days of incorporation by Board of Directors
Annual Financial Statements (Form AOC-4) Penalty: ₹100 per day of delay per form with no statutory ceiling	`Annual`	Within 30 days of AGM (by 29 October annually)
Annual Return (Form MGT-7) Penalty: ₹100 per day of delay per form with no statutory ceiling	`Annual`	Within 60 days of AGM (by 29 November annually)
Director KYC Verification (DIR-3 KYC) Penalty: ₹5,000 statutory fee per DIN + deactivation	`Annual`	Every designated partner / director holding active DIN by 30 September

Penalties for non-compliance

Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.

Non-compliance	Provision	Penalty
Commencement of Business (Form INC-20A)	One-time mandatory	₹50,000 for company + ₹1,000/day for directors (max ₹1 Lakh)
First Auditor Appointment (Form ADT-1)	5-year tenure	Statutory non-compliance; prosecution of defaulting officers
Annual Financial Statements (Form AOC-4)	Annual	₹100 per day of delay per form with no statutory ceiling
Annual Return (Form MGT-7)	Annual	₹100 per day of delay per form with no statutory ceiling
Director KYC Verification (DIR-3 KYC)	Annual	₹5,000 statutory fee per DIN + deactivation

Common mistakes to avoid

Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.

1
Mismatched applicant legal name or identity details across KYC proofs
Why: Government verification APIs cross-check with UIDAI and MCA databases and automatically flag discrepancies in spelling or dates.
Fix: Our specialists pre-validate your documents against official government databases before portal filing.
2
Submitting outdated utility bills or non-notarized commercial leases
Why: Premises proofs older than 60 days or defective landlord NOCs trigger statutory scrutiny queries and multi-week processing delays.
Fix: We verify recent billing dates and provide pre-formatted, legally vetted landlord NOC and lease formats.
3
Selecting incorrect classification, turnover slab, or statutory activity code
Why: Applications filed under inappropriate classifications attract show-cause notices and potential rejection without statutory fee refund.
Fix: We conduct a statutory scope assessment to align your application with the exact regulatory requirements.

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