Legal Notice For Defamation

In this modern world and in competitive market, day by day litigation matters are increasing. Either it’s any company, individual or firms; nobody is untouched by the litigation. Some enter into litigation directly without serving any notice to the opponent but few prefer to serve legal notice. There are certain legislations where it is mandatory to serve a legal notice before enter into litigation.

For ex- in the matter of Cheque bounce, it is must to send Legal notice to the party in dispute before matter take into the court.

A Legal Notice is a notice which indicates the opponent upon serving that legal action can be initiated in the court upon non-fulfillment of demand.

There are various matters into which Legal Notice can be served especially civil matters. But Legal Notice can be served in the matter of Defamation as individual or as firm.

Time Frame for Filing of Legal Notice with LawyerINC:

2-3 Business Days

We usually take 2-3 days for filing of legal notice. Once you will avail our services, our legal experts will contact you to take all the details of the matter and will draft accordingly. We will mail you for scrutiny of the notice and can do alterations if there will be requirements, before serving it to the other party.

Importance of Legal Notice

Before matter start in a court, as it’s a very lengthy process, we should always think for settlement before trial. Court process is always very expensive and lengthy. So it’s always better if there is alternate mode of settlement of the matter. Few alternatives are:

• Negotiation
• Mediation
• Arbitration

These days many prefer these alternatives. Now-a-days big companies are going for arbitration before entering into litigation. However, when negotiation do not work, then Legal notice is the way to demand resolution and at the same time it gives clear indication to the other party that if their demand has not been fulfilled, legal action will be initiated in the court.

Under what Circumstances Legal Notice for Defamation can be served

In India, legal notice for defamation can be served in two scenarios. When any individual or more than one individual or an institution, tarnish or harm the reputation or image of an individual or an institution then that person will be liable for

• Slander – if defamatory words or gestures or any other transitory form has been used
• Libel- if defamatory statements passed in the form of writing or printing.

Any individual can send legal notice or any institution can send legal notice to the person who harms their reputation but no one else can file the suit for defamation on the behalf of person whose image has been tarnished.

What are the elements which are required to file suit or to serve Legal Notice for defamation

• No defamation notice can be served if the statement passed by the person is based on true facts. So the defamatory statement must be false
• There is no defamation if the statement passed is privileged. For ex-statement from court proceedings or any other public documents
• Opinion cannot be considered as defamatory statements. If anyone provide any opinion to someone or passed remark as opinion be it true or false, it cannot be treated as defamatory statements.
• Only, the statement, which has been stated or published publically, can be treated as defamation. If somebody passed remark or abused anyone in private conversation cannot be liable for defamation
• Statement which has been posted publically must defame the image of a particular person or an institution.

Relevant Statutes

Legal Notice for defamation is mainly governed by the Civil Procedure Code, 1908 and IPC, 1862.

Reputation of an individual is an integral part of life and the right to reputation is considered as a natural right.

It’s a fundamental right given by the Indian constitution under Article 21.

In India, Defamation is covered under both civil and criminal law.

Draft a Legal Notice for Defamation

A good lawyer who is prudent and experienced with the subject matter can draft a legal notice for defamation. A legal notice for defamation should contain few important points:

• Name and address of the, Notice Recipient.
• Detail of the person who is sending the notice.
• Description about the issue
• Relief claimed by the party
• Time frame under which relief should be fulfilled

We at lawyerInc, can assist you with the Legal Notice for defamation.

Frequently Asked Questions