Code
(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.
Explanation
This section lays down specific requirements for initiating a criminal prosecution for defamation. It states that:
- No court shall take cognizance of an offense punishable under Section 499 of the Indian Penal Code (IPC) (defamation) except upon a complaint made by the person defamed.
- However, in certain cases, the court can take cognizance even without a complaint, such as when the defamation is against the government, a public servant in the discharge of their duties, or the administration of justice.
- If the person defamed dies before making a complaint, the court can take cognizance upon a complaint made by the legal representative of the deceased.
Illustration
Imagine someone writes an article accusing a politician of corruption. The politician feels defamed. To initiate a criminal case, they must file a complaint under Section 199 of CrPC. The court will then decide whether to take cognizance of the case based on the evidence provided.
Common Questions and Answers
Here are some common questions and answers regarding Section 199 of CrPC:
Q: What is the difference between civil and criminal defamation?
A: Civil defamation deals with reputational harm, and the remedy is usually monetary compensation. Criminal defamation is a criminal offense, and the punishment can include imprisonment.
Q: Can a government official file a complaint under Section 199 for defamation against a citizen?
A: Yes, but only if the defamation is related to their official duties. For other matters, they must file a complaint as an individual.
Q: What are the exceptions to the requirement of a complaint under Section 199?
A: The exceptions include defamation against the government, public servants, and the administration of justice.
