Chapter XIV
Section 199 CrPC: Prosecution for defamation
New Law Update (2024)
Section 220 BNSS
TRIAL COURT
Court of Session, Magistrate
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act 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 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, in the case of a person who is or has been the Governor of that State or a Minister of that Government;
(b) of the State Government, in the case of any other public servant employed in connection with the affairs of the State;
(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.
Important Sub-Sections Explained
Section 199(1)
This sub-section lays down the general rule that only an ‘aggrieved person’ can initiate a complaint for defamation, with special provisions allowing others to file on behalf of minors, mentally incapacitated individuals, or women unable to appear in public.
Section 199(2)
This provision outlines a special procedure for defamation against high public functionaries like the President or Ministers, enabling the Public Prosecutor to directly file a written complaint before a Court of Session without prior commitment proceedings.
Landmark Judgements
Subramanian Swamy v. Union of India (2016):
The Supreme Court upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code (defamation) and Section 199 of the CrPC, affirming that defamation serves a public purpose and protects individual dignity. It clarified the procedure and the role of the Public Prosecutor under Section 199(2).
Smt. Kiran Bedi v. Committee of Inquiry (1989):
This case delved into the interpretation of ‘public servant’ and ‘in respect of his conduct in the discharge of his public functions’ under Section 199(2), clarifying the scope for prosecution of defamation against public functionaries.