Someone posted defamatory comments about my shop in Jammu on Facebook can I file criminal case

Detailed Legal Analysis

Defamation is punishable under Section 356 of the Bharatiya Nyaya Sanhita, and online defamation through social media is equally actionable. You should file a complaint before the Magistrate in Jammu under Section 223 BNSS, providing screenshots of the posts, URLs, and witness statements as evidence.

Under Jammu and Kashmir Rent Control Act 1966, the procedure for filing a defamation complaint may require giving prior notice to the accused. You can also file a civil suit for damages before the appropriate civil court in Jammu and Kashmir.

For criminal defamation, you can seek guidance from the Jammu and Kashmir High Court if the lower courts do not take cognizance.