What To Do If Someone Insults or Defames You in Public – Legal Remedies Under Indian Law (2025)
Date: April 2025
Being insulted or defamed publicly—whether on social media, at your workplace, or in a public setting—can severely damage your dignity and reputation. Indian law offers civil and criminal remedies to address such misconduct. With the 2023 enactment of Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), the legal process has become clearer and more victim-centric.
This guide provides a step-by-step legal framework for individuals facing public insult or defamation in India, as well as the legal consequences for offenders in 2025.
1. Understanding Insult & Defamation Under Indian Law
A. Defamation (BNS Section 354)
Under the Bharatiya Nyaya Sanhita, 2023, defamation is:
“Any act where a person, by words (spoken or written), signs, or visual representation, makes or publishes any false statement intending to harm the reputation of another.”
Key ingredients:
- False and damaging statement
- Intent or knowledge of harm
- Publication to a third party
Punishment:
- Up to 2 years imprisonment, fine, or both (Non-cognizable & bailable offence)
B. Intentional Insult (BNS Section 356)
If someone intentionally insults you in public intending to provoke breach of peace or hurt dignity:
- Punishable under Section 356, BNS
- Punishment: Up to 3 months imprisonment, or fine up to ₹5,000, or both
C. Insulting or Abusing Women (BNS Section 74, 76)
If the insult involves gendered or obscene remarks:
- Section 74 – Insult to modesty of a woman
- Section 76 – Use of words or gestures intending to insult or outrage modesty
Punishment:
- Up to 3 years imprisonment, plus fine
2. Step-by-Step Legal Action If You’re Insulted or Defamed
Step 1: Gather and Preserve Evidence
- Record audio/video if insult occurred publicly
- Take screenshots (if on social media, WhatsApp, emails)
- Save witnesses’ names and contact info
- Collect documents or any written communication
Under BSA (Bharatiya Sakshya Adhiniyam, 2023), digital and electronic evidence is fully admissible in courts.
Step 2: Send a Legal Notice (Optional but Recommended)
- Draft a legal notice through an advocate to:
- Ask the person to issue a public apology
- Retract false statements
- Cease further defamation
- Timeframe: Give them 7–15 days to comply
If they ignore the notice, move to Step 3.
Step 3: File a Police Complaint or FIR
- Visit the nearest police station or use the state’s online police portal
- File an FIR under:
- BNS Section 354 (Defamation)
- Section 356 (Intentional Insult)
- Other sections based on context (cyber, gender-based, caste-based)
As per BNSS Section 173, police must register the FIR if a cognizable offence is involved or if directed by a magistrate.
Step 4: File a Civil Defamation Suit (for Monetary Damages)
- If your reputation or business suffered, file a civil suit for:
- Damages
- Injunction (to prevent further defamation)
- Public apology
This is usually filed in the District Civil Court or High Court (based on jurisdiction and amount claimed).
3. Legal Consequences for Insulting or Defaming Someone
| Offence | Applicable Law | Punishment |
|---|---|---|
| Defamation (false statements) | BNS Sec. 354 | Up to 2 years imprisonment or fine |
| Intentional insult | BNS Sec. 356 | Up to 3 months imprisonment or ₹5,000 fine |
| Gendered/obscene insult | BNS Sec. 74, 76 | Up to 3 years + fine |
| Cyber defamation | IT Act + BNS | Additional penalties (website takedown, etc.) |
| Civil liability | Civil Procedure Code | Compensation, injunction, cost recovery |
4. Defenses to Be Aware Of (For the Accused)
A person accused of defamation may defend themselves if:
- The statement is true and made for public good
- It was an opinion or fair comment
- Made in good faith (e.g., complaints to authorities)
But malicious intent or deliberate damage cancels these defenses.
5. Special Considerations
- Social Media: Defamation via Facebook, Instagram, Twitter, or WhatsApp is legally actionable. Platforms may be required to take down content upon court orders.
- Public Figures: Higher threshold to prove malice, but legal action is still possible.
- Anonymous Insults: Courts can direct platforms to reveal IP addresses of offenders.
Conclusion
If someone publicly insults or defames you, you are protected under Indian law. Whether it’s a verbal slur, a false online post, or an attempt to tarnish your reputation—you have every right to seek redress.
In 2025, with the enforcement of BNS, BNSS, and BSA, the legal machinery is well-equipped to punish defamation and intentional insult swiftly and fairly.
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