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.
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.
The legal notice for Defamation must consist of the following:
LEGAL NOTICE
Sub:- LEGAL NOTICE FOR DEFAMATION
That I have been instructed by my client namely Sh_____, son of _____ resident of _________ New Delhi to serve upon you legal notice for defamation on the following legal grounds.
1. That earlier litigation was pending between my client and Army Welfare Trust etc in the court of competent jurisdiction and later on, on the basis of compromise, the said matter was patched up and AWT/ DHQ granted land comprising Khasra _____, etc total measuring _____ situated in ______ New Delhi d to my client against the consideration/exchange of another land. The said land was granted for the __________ and place of residence of ______ of the said _____ and _________, which has already constructed at the time of compromise between the parties and for the Mosque, Graveyard and Funeral Place and for any other public purposes.
2. That my client is the caretaker of said ___________ property and used to serve _____ there at said ______ on regular basis.
3. That my client being caretaker of the said _______, enjoys a very good reputation, respect, and honor not only in the eyes of inhabitants but also in the eyes of twin cities especially.
4. That my client is a respectable citizen of this country. He is enjoying a very good reputation, command, and great respect amongst the family, friends, colleagues, and locality as well as the community. My client is having great respect, dignity, and prestige in the area and also having a blot-less career throughout his life.
5. That my client filed a suit for declaration and permanent injunction before the Court of ________, Civil Judge, Delhi in which the SHO P.S _____, Delhi was also made the party in the suit.
6. That the summons was issued to all the parties including SHO, P.S _____, Delhi.
7. That the said suit is pending adjudication before the Court of _______, the Learned Civil Judge, Delhi, in which you submitted comments/report before the Learned Court, whereas, you were not the party to suit.
8. That my client shocked to see that you have written in the said report that my client is “_________” and wants to usurp the land of valuing in billions.
9. That you have leveled serious allegations against my client.
10. That due to the said allegations against my client without any basis and purely engineered on malice, client suffered mental agonies, torture. Furthermore, my client is facing continuous mental torture, harassment, and fear.
11. That due to the said averments which you made in the said report not only communicated to the parties to the suit, which is now a public document, the reputation of my client, as well as his family, has been damaged in such that there could not be repaired. The credibility built by my client during the span of time is shattered due to writing the false, frivolous, fictitious, and baseless allegations against my client.
12. That the defamatory statement/ averments which you made in the report, which is submitted before the learned Civil Judge, New Delhi, is having a tendency to injure the reputation of my client i.e. to lower him in the estimation of others and to bring him in in obliquity contempt and ridicule. Which my client also reserves the right to file for defamation and damages.
13. That my client is demanding special damages on account of mental torture, agony, financial loss, and injury inflicted to his reputation, honor due to the statement/averments, which you have made before the Learned Civil Judge, Delhi as well the detail of the same are mentioned as under:
General Damages
Injury/ loss to reputation as a person = 10,00,000/-
Mental torture and physical agony = 10,00,000/-
Loss in family honour: = 3,75,000/-
Legal assistance & General charges = 25,000/-
GRAND TOTAL = 24,00,000/- (as general and special compensation)
That through the instant legal notice for defamation, you are hereby advised to pay the above-said amount to my client within 14 days after the issuance of instant legal notice, otherwise, my client has positively instructed me to use against you in the Court of Law at your risk and costs.
A copy of the instant legal notice for defamation is retained in my office for further necessary action.
Counsel(s)
ADVOCATE
ADDRESS:_________________
The following documents must be scrutinized while drafting a 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.
A Legal Notice for Defamation is mainly governed by Code of Civil Procedure 1908, and the Indian Penal Code 1862. In India, Defamation can be both a civil wrong and a criminal wrong. Defamation is a tort under the civil law and a person can opt to file a civil suit for defamation and compensation in the Court of appropriate jurisdiction (depending upon the amount of compensation).
In order to seek justice from the criminal courts, the definition of defamation under the Indian Penal Code (Section 499) must be fulfilled. A criminal procedure can be initiated against the accused before the Judicial Magistrate having First Class rank. The accused can be punished under Section 500 of the IPC.
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.