CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Section 222: Prosecution for defamation

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

222	199. Prosecution for defamation

Questions on this section

4 questions in 18 of our papers cite Section 222. Try these from the free papers:

1. A Minister of a State is allegedly defamed in respect of his conduct in the discharge of his public functions, and the Public Prosecutor proposes to file a complaint directly before the Court of Session under Section 222(2) of the BNSS. Consider the following statements: 1. The complaint requires the previous sanction of the State Government. 2. The Court of Session shall not take cognizance unless the complaint is made within six months from the date on which the offence is alleged to have been committed. 3. The Minister's own right to make a complaint before a Magistrate having jurisdiction is not affected. Which of the statements given above is/are correct?
2. Under Section 213 of the BNSS, except as otherwise expressly provided by the Sanhita or by any other law, a Court of Session shall not take cognizance of any offence as a Court of original jurisdiction unless:
3. A Court of Session takes cognizance, under Section 222(2) of the BNSS, of defamation of a public servant in respect of his conduct in the discharge of his public functions. Consider the following statements: 1. The case shall be tried in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate. 2. The trial shall be held in camera if either party so desires or if the Court thinks fit. 3. If the Court acquits the accused and finds no reasonable cause for the accusation, it may, after hearing cause, order the person against whom the offence was alleged (not being the President, the Vice-President, the Governor of a State or the Administrator of a Union territory) to pay compensation not exceeding five thousand rupees. 4. No appeal lies from an order directing payment of such compensation. Which of the statements given above are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita