How does a defamation case work in Odisha, civil or criminal?

What a defamation case in Odisha is about

A defamation case in Odisha arises when someone makes or publishes an imputation about a person, by words spoken or written, signs or visible representations, intending to harm, or knowing or having reason to believe it will harm, that person's reputation. In Odia this is commonly called manahani. Reputation is protected as part of the right to life under Article 21, and in Subramanian Swamy v. Union of India (2016) the Supreme Court upheld criminal defamation as a reasonable restriction on free speech.

Since 1 July 2024, criminal defamation is in Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Sections 499 to 502 of the Indian Penal Code. Civil defamation is not codified; it is a wrong (tort) decided by civil courts on established principles.

What counts as defamation

• An imputation: a statement of fact or suggestion about a person, not just vague abuse. Rudeness alone is usually not defamation.
• Publication: it must reach at least one person other than the one defamed. A private message only to you is generally not published.
• Harm to reputation: under the Explanations to Section 356(1), an imputation harms reputation if it lowers a person's moral or intellectual character, character for their caste or calling, or credit, in the estimation of others.
• Identifiable person: the person must be identifiable, even if not named. A company, association or a collection of persons can also be defamed, and so can a deceased person if the imputation would hurt the family's feelings.
• Printing or engraving defamatory matter, and selling printed matter containing it, are separate offences (Section 356(3) and (4)).

The ten exceptions: defences recognised by law

Section 356(1) contains ten exceptions. The main ones are:

1. Truth for the public good: a true imputation, made or published for the public good. Truth alone is not enough in criminal law; it must also be for the public good.
2. Public conduct of public servants and of persons on public questions, expressed in good faith.
3. Reports of court proceedings that are substantially true, and comment on the merits of decided cases.
4. Fair comment on a public performance, such as a book, film or speech.
5. Censure by a person in lawful authority, such as an employer or teacher, in good faith.
6. Accusation in good faith to a person in authority, such as a complaint to the police or a superior officer.
7. Imputations in good faith to protect one's own or another's interests, and cautions conveyed for the good of the person cautioned or the public.

In a civil suit, truth (justification) is a complete defence, along with fair comment, absolute privilege (for example statements in court or Parliament) and qualified privilege.

Criminal defamation under BNS Section 356

• Punishment (Section 356(2)): simple imprisonment up to two years, or fine, or both, or community service, a new option under the BNS.
• Nature: the offence is non-cognizable, bailable and compoundable by the person defamed. Police cannot register an FIR and investigate on their own; the remedy is a complaint to the court.
• Who can complain: only the person aggrieved (Section 222 BNSS, earlier Section 199 CrPC), with limited exceptions such as a minor or a person unable to complain. Where a public servant is defamed about their public functions, the Public Prosecutor may file the complaint in the Sessions Court with the required sanction, within six months.
• Where: the court of the Judicial Magistrate First Class (or the SDJM / JMFC at Bhubaneswar, Cuttack and other places) with jurisdiction where the defamatory matter was published or communicated.
• Procedure: the Magistrate examines the complainant and witnesses on oath. Before taking cognizance, the Magistrate must give the accused an opportunity of being heard (first proviso to Section 223(1) BNSS); the Supreme Court held in Parvinder Singh v. Directorate of Enforcement (May 2026) that cognizance without this hearing is void. If the case proceeds, it is usually tried as a summons case; see the criminal case process in Odisha.
• Time limit: because the maximum punishment is two years, the court generally cannot take cognizance after three years from the offence (Section 514 BNSS, earlier 468 CrPC), subject to the rules on excluding time and condoning delay.

Civil defamation: suit for damages and injunction

A civil suit asks the court to award money damages for harm to reputation and, where justified, an injunction restraining further publication or directing removal of content. It is filed in the civil court with jurisdiction, and court fee is payable on the damages claimed, so the amount should be realistic. The Limitation Act, 1963 allows one year for a suit for libel (written or published) from the date of publication (Article 75), and one year for slander (spoken) from when the words were spoken, or when special damage results if the words are not actionable in themselves (Article 76). Courts are cautious about injunctions before trial, because of free speech, and usually grant them only where the material is clearly false and damaging. See how a civil suit moves in Odisha.

Defamation notice

A legal notice is not compulsory before a defamation case, but it is common. It identifies the statement, explains why it is false and harmful, and asks for withdrawal, an apology, removal of posts and sometimes compensation. A reply denying the allegations, or a retraction and apology, often affects what happens next. If you receive a notice, read it carefully, preserve your evidence of truth or good faith, and reply within the time given. See sending and replying to a legal notice.

Social media defamation

• Posts, comments, videos, WhatsApp forwards and reviews can all be defamatory if the elements are met. Each person who writes or knowingly reposts the content may be liable.
• Save the evidence first: screenshots with the date, URL and profile, and the number of views or shares if visible. Then report it to the platform's grievance officer. If the platform does not act, an appeal lies to the Grievance Appellate Committee under the IT Rules, 2021.
• A platform is generally protected as an intermediary under Section 79 of the Information Technology Act, 2000, so long as it acts on court orders and lawful directions. A court order is usually needed to make it take down content or disclose who is behind an anonymous account.
• Where online posts also involve threats, impersonation or obscene material, other offences may apply; see cyber crime complaints in Odisha.

Practical points

• Decide what you want: an apology and removal, compensation, or punishment. That decides whether a notice, a civil suit or a complaint, or more than one, fits.
• Keep in mind that a defamation case makes the statement public again, and that the other side can raise truth and good faith.
• Many defamation disputes are settled by apology and withdrawal, including at Lok Adalats, because the offence is compoundable.

If you cannot afford an advocate, see free legal aid in Odisha. Work handled in criminal and civil matters is described on the criminal and civil litigation practice area pages, and court details are under courts.

Frequently asked questions

Official sources

• Bharatiya Nyaya Sanhita, 2023 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
• Limitation Act, 1963: Articles 75 and 76
• Supreme Court of India: Subramanian Swamy v. Union of India (2016)
• eCourts services: case status and orders

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.