Prosecution for defamation
AI Assist
Summary
Only the person aggrieved can file a defamation complaint; courts will not take cognizance otherwise. If that person is under 18, an idiot or lunatic, unable by sickness or infirmity, or a woman whom local custom bars from appearing, another person may complain with the court's leave. For alleged defamation of senior public officials a Sessions Court may act on a written complaint by the Public Prosecutor with required government sanction, and such a complaint must be made within six months; the aggrieved may still approach a Magistrate.
Example
Rohan, a 16-year-old student, finds a local blog spreading false rumours about him. As a minor he cannot file the defamation complaint himself, so his father, with the court's permission, files the complaint on his behalf and the court takes cognizance.
Bare Act
Enacted text(1) No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:
Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, 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 Code, when any offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) 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 Government 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-
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(a) of the State Government, in the case of a person who is or has been the Governor of that State or a Minister of that Government;
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(b) of the State Government, in the case of any other public servant employed in connection with the affairs of the State;
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(c) 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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