DEFAMATION NOTICE

TO:
__________, __________
__________

FROM:
__________, __________
__________

Dear Sir / Madam,

1. THE STATEMENT COMPLAINED OF

2. WHY THE STATEMENT IS FALSE AND DEFAMATORY

3. THE DEMAND

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

5.2 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

7. GOVERNING LAW AND JURISDICTION

Yours faithfully,