Defamation & Online Harassment Notice

Defamation is defined under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 499 of the Indian Penal Code. It covers any imputation, by words, signs, or visible representation, that harms the reputation of a person. Online posts, screenshots, videos, and public social media content can all constitute defamation if they contain false statements of fact that lower the complainant in the estimation of right-thinking members of society.

Several specific acts attract criminal liability under the Information Technology Act, 2000: publishing or transmitting obscene or lascivious material (Section 67), violating privacy by capturing or sharing images of private areas without consent (Section 66E), and identity theft or impersonation online (Section 66C/66D). Cyberstalking by a man following or monitoring a woman online despite her clear disinterest is punishable under Section 78 of BNS 2023. Criminal intimidation by explicit threat is punishable under Section 351 BNS.

No. Section 66A of the IT Act, which criminalised online speech deemed 'grossly offensive' or 'menacing', was struck down as unconstitutional by the Supreme Court of India in Shreya Singhal v. Union of India, (2015) 5 SCC 1. Any notice or complaint purporting to rely on Section 66A has no legal basis. NyayaDraft's AI is specifically instructed never to cite Section 66A, and a post-generation check ensures it is never included in your notice.

The Allahabad High Court, in Imran Khan v. State of UP and Another, 2025 AHC 56788, clarified that merely liking, viewing, or saving an obscene post does not amount to 'publishing or transmitting' under Section 67 of the IT Act. Criminal liability under Section 67 requires an active act of publishing, transmitting, or causing to be published — passively viewing content does not meet this threshold. NyayaDraft's citation gates reflect this distinction.

Section 78 of the Bharatiya Nyaya Sanhita, 2023 defines stalking with specific reference to a man following or monitoring a woman. The provision's gender-specific language means it does not apply where the accused is a woman or the complainant is a man. For non-gender-specific forms of persistent harassment, other provisions — such as Section 356 BNS (defamation) or Section 351 BNS (criminal intimidation) — may apply depending on the facts.

Send via Registered Post with Acknowledgement Due (AD) or Speed Post with delivery confirmation to the accused's last known residential or business address. If the accused's address is unknown, the notice can be forwarded to the platform (Instagram, Twitter/X, etc.) with a request to forward it to the account holder, alongside a formal takedown request. Keep the postal receipt and acknowledgement card — these are your proof of service if you escalate to a criminal complaint.

This tool generates an AI-drafted legal notice based on your inputs. For complex matters — especially those involving sustained harassment campaigns, doxxing, intimate partner violence, or criminal complaints requiring a Section 200 CrPC (BNSS) statement — consulting a qualified advocate is strongly recommended. The disclaimer in every document reflects this.