Someone posted defamatory comments about my shop in Kochi on Facebook can I file criminal case
AN Asked by Anjali Gupta from India
Quick Answer
Defamation is punishable under Section 356 of the Bharatiya Nyaya Sanhita, and online defamation through social media is equally actionable.
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 Kochi under Section 223 BNSS, providing screenshots of the posts, URLs, and witness statements as evidence.
Under Kerala Rent Control Act 1963, 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 Kerala.
For criminal defamation, you can seek guidance from the Kerala High Court if the lower courts do not take cognizance.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.