Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 222: Prosecution for defamation.
(1) No Court shall take cognizance of an offence punishable under Chapter XIX of the Bharatiya Nyaya Sanhita, 2023 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 having intellectual disability requiring higher support needs or a person with mental illness, 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 Chapter XIX 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.
Brefe Detail
This section outlines the procedures for prosecuting defamation cases under the Bharatiya Nyaya Sanhita, 2023. It specifies who can file a complaint, the necessary permissions for certain public figures, and the time limits for filing such complaints.
Question & Answers
What does Section 222 of the Bharatiya Nagarik Suraksha Sanhita state?
Section 222 outlines the conditions under which a court can take cognizance of defamation offences and specifies who can file a complaint.
Who can file a complaint for defamation under this section?
A complaint can be filed by a person aggrieved by the offence or, in certain circumstances, by a family member or another individual with the court's permission.
What special provisions exist for public figures in defamation cases?
If the offence is against a public figure, such as the President, Vice-President, or Governor, a Court of Session may take cognizance based on a written complaint from the Public Prosecutor.
Is there a time limit for filing a defamation complaint?
Yes, a complaint must be made within six months from the date of the alleged offence.
Example
- A woman under eighteen years old is defamed online. Her father can file a complaint on her behalf with court permission.
- If a public servant is defamed while performing their duties, the Public Prosecutor can file a complaint directly without the case being committed to a Court of Session.
Summary
Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023, delineates the process for prosecuting defamation cases. It emphasizes the requirement of a complaint by an aggrieved party, includes provisions for public figures, and establishes a six-month deadline for filing complaints, while allowing for specific exceptions regarding who may file on behalf of others.
