Someone posted defamatory comments about my shop in Siliguri on Facebook can I file criminal case
LA Asked by Lata Mangesh 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 Siliguri under Section 223 BNSS, providing screenshots of the posts, URLs, and witness statements as evidence.
Under West Bengal Premises Tenancy Act 1997, 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 West Bengal.
For criminal defamation, you can seek guidance from the Calcutta High Court if the lower courts do not take cognizance.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.