Legal Notice for Defamation

    What is Legal Notice for Defamation?

    Defamation is when untrue accusations or statements are made which are malicious and harmful towards a person’s reputation. Defamation can be in the form of libel (written words) or slander (spoken). A legal notice for defamation is sent under Section 499 of IPC seeking remedy under criminal law, or under the CPC (Civil
    Procedure Code).

    A legal notice is a formal intimation between two persons warning the other person before a legal action is initiated to get his/her due compensation or damages in respect of the defamation.

    Why is Legal Notice for Defamation required?

    A legal notice for defamation is the first step to initiate civil or criminal proceedings against the person(s) defaming you. As stated earlier, it is a kind of warning to initiate a court case if the demands such as compensation / damages etc. for loss or damage to reputation etc. are not met. One must send a well-drafted and legally sound notice to ensure that you get a prompt response on your notice and you have maximum opportunity to get damages/compensation.

    What should a Legal Notice for Defamation cover?

    The legal notice for Defamation must consist of the following:

    • The legal notice must be drafted in the letterhead of an advocate which is to be specific and proper.

    • It should contain addresses and contact details of the advocate.

    • The date on which the legal notice is issued including the name, address, and contact details of the person to whom the legal notice is issued is to be stated.

    • Since the legal notice for defamation is going from the client’s end, the name and details of the client should be mentioned.

    • Detailed description of the incident which raised the cause of action (leading to damage to the reputation). 

    • The relief claimed by the sender of the notice.

    • It should be made clear in the notice as to how your right has been infringed and how your reputation has been damaged due to the act or omission by the opposite party and for that what you want from him/her. A specific direction must be given to the opposite party along with a time limit.

    • The notice must be signed (with date) by the advocate and the sender.

    Documents Required for Legal Notice for Defamation

    The following documents must be scrutinized while drafting a legal notice for defamation: 

    • Proof of words/images etc (spoken or displayed or written) that have damaged the reputation and thus caused defamation,

    • Identity proof of sender,

    • Any proof of damage to reputation, etc.

    Procedure for Legal Notice for Defamation

    No set procedure is applicable in the making of a legal notice for defamation. However, a legal notice must be drafted and signed by a lawyer, with all the necessary details/contents as mentioned above. Once the notice is drafted it should be thoroughly examined by the sender. It should then be sent to the other parties. If no action is taken or no reply is received within the number of days mentioned upon the notice, a suit for defamation against the defendant can be filed in the court of proper jurisdiction.

    How can a lawyer help to draft Legal Notice for Defamation?

    Since, a legal notice is the first step towards recovery litigation, it is highly recommended that you hire a civil or criminal lawyer. A lawyer has the requisite expertise and knowledge to draft such legal notices. He/she will be able to accumulate important information for the client and draft the notice accordingly. He/she will ensure that you are on the right path in attaining justice. A lawyer can manage all legal paperwork effectively. Therefore, hiring an expert lawyer is of prime importance in order to ensure that your legal notice for defamationn is sent correctly, keeping in mind the possible litigation that may ensue.

  • Disclaimer: The information contained in the sample document is general legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Site or document format DOES NOT create or constitute a solicitor-client relationship between LawRato or any employee of or other person associated with LawRato and a user of the Site. The information or use of documents on the Site is not a substitute for the advice of a lawyer.

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