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Difference Between Civil and Criminal Defamation in India

Understand the legal differences between civil and criminal defamation, their consequences, and remedies available in India.

CRIMINAL LAWCIVIL LAWS

Team Sachar Law Firm

8/11/20251 min read

Criminal Defamation and Civil Defamation - Sachar Law Firm

Defamation means damaging a person’s reputation through false statements. In India, it can be addressed in two ways — civil and criminal.

Civil Defamation

Governed by tort law (common law principles).
Remedy: Monetary compensation for loss of reputation.
Standard of proof: Balance of probabilities.

Criminal Defamation

Governed by Sections 499–500 of the Indian Penal Code (IPC).
Punishment: Up to 2 years imprisonment, fine, or both.
Standard of proof: Beyond reasonable doubt.

Key differences:

Civil defamation seeks compensation; criminal defamation seeks punishment.
Civil cases are filed in civil courts; criminal cases are filed in magistrate courts.
Criminal proceedings can lead to arrest in certain circumstances.

Conclusion: Whether to file civil or criminal defamation depends on your goal — financial recovery or penal action. In some cases, both can be pursued simultaneously.

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