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Know How to send a Legal Notice for Defamation

Online Legal India LogoBy Online Legal India Published On 17 Nov 2020 Updated On 25 Oct 2022 Category Legal 1 comments

We often see how people judge would you without knowing the real story. They usually set out for defamatory comments or remarks. During such cases when a person is publicly abused or offended. Then a person can charge with defamation notice. This article is based on many such occasions where we face such situations in our lives let's further look into to know more.

What is Defamation?

It is untrue accusations or statements which is malicious and harmful towards a person's reputation. Whereas according to our sate the law defines them in particular terms as 'Libel' -is written; 'Slander'- if spoken;

Compensation is claimed if the entity feels that his/her image has been tarnished in public. A case of defamation is dealt under Section 499 of IPC where a person can seek remedy under the criminal law or the Code of Civil Procedure.

Essential Components Required for Sending a Defamation Notice

Any charges against should be believable before charging anyone guilty you must read the following key points:

  • The statement should be Incorrect: If accusations later proved to be false then the defamation suit will not be relied upon.
  • No special advantages can be Gained: There are times when statement might get the defence from privileged corners such scenarios won't be entertained.
  • Belief doesn't stand to be Defamatory: When we pass judgmental comments on specific situations. Under no circumstances, they come into the consideration of defamation.
  • No importance is given to private message: A person will only be accountable for defamation charges if it is read or heard by some else apart from who remarks.
  • Reputational Damage: The lawsuit will not work if the person charged with foul character.
  • Believable or Reasonable: The nature of the statement should be convincing or credible or else it doesn't likely to constitute with defamation charges.

How to send a Legal Notice for Breach of Contract?

With the aid of a learned lawyer who is well-judged and up to date with work and has ground knowledge about defamation. A defamation notice should follow the points below:

  • It should be sent in a lawyer's letterhead.
  • The date is very mandatory in a legal notice it should also clearly mention the name, address and contact details of the person to for whom(here accused party) it is released.
  • Name of the client (here innocent party) with address, contact details should also be mentioned in the legal notice.
  • The sender should state out the grievances and stating proves on how you are being infringed due to certain action by the accused party.
  • A notice must be thoroughly checked before signing by the advocate and the sender. Name, description, and place of residence of the recipient of the notice.
  • Details of the cause of action should be mentioned citing statements proving situations.
  • The relief claimed by the sender of the notice should be mention carefully.

How can we help you?

Online Legal India™ sufficiently provides you with careful aid and solves every dispute minutely. Its excels in every service while issuing and promptly sending a befittingly well-laid-out legal notice during Defamation and many others.


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Comments

Santhosh Kumar Gundeti

10 Jul, 2021

Need to file case on my wife and her family members defamation

Team Online Legal India™

19 Jul, 2021

Hi Santosh, thank you for raising your concern with us. Team Online Legal India will get back to you shortly to provide you the required helps in Legal Notice drafting. Thank you.


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Anjali Malhotra

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Anjali Malhotra

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