Prosecution for defamation
AI Assist
Summary
Only the person who was defamed may initiate a prosecution for defamation; courts will not take cognizance unless that aggrieved person files a complaint. If the victim is a child, of unsound mind, intellectually disabled, too sick, or a woman whom local customs keep from appearing, another person may, with the Court's permission, complain on their behalf. Alleged defamation of specified public officials may be prosecuted by the Public Prosecutor in Sessions Court only with prior government sanction, sufficient particulars and within six months, and the aggrieved still may complain to a Magistrate.
Example
Meera is defamed in a neighbour's pamphlet but local custom would prevent her from appearing in public. With the Court's permission, Priya files the complaint on Meera's behalf, and the court takes cognizance so the prosecution can proceed.
Bare Act
Enacted text(1) No Court shall take cognizance of an offence punishable under section 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence:
Provided that where such person is a child, or is of unsound mind or is having intellectual disability or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf.
(2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor.
(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.
(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous sanction-
- (a) of the State Government,-
(i) in the case of a person who is or has been the Governor of that State or a Minister of that Government;
(ii) in the case of any other public servant employed in connection with the affairs of the State;
(b) of the Central Government, in any other case.
(5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed.
(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.
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