Someone posted defamatory comments about my shop in Surat 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 Surat under Section 223 BNSS, providing screenshots of the posts, URLs, and witness statements as evidence.

Under Gujarat Rent Control Act 1999, 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 Gujarat.

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