Code
1[No Court shall take cognizance of an offence punishable under section 376B of the Indian Penal Code (45 of 1860) where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.]
Explain it
This section outlines the circumstances under which a court can take cognizance of an offense under Sections 499 and 500 of the Indian Penal Code (IPC) relating to defamation.
It states that no court shall take cognizance of an offense punishable under Section 499 or 500 of the IPC, except on a complaint made by the person defamed.
However, there are certain exceptions to this rule, such as:
- When the offense is committed against the President or the Governor of a state.
- When the offense is committed against a public servant in relation to his official duties.
- When the offense is committed against any person in respect of his conduct in the discharge of his public duties.
Illustrate it
For example, if someone publishes a defamatory statement against a private individual, the individual must file a complaint with the court to initiate legal proceedings. However, if the same defamatory statement is made against the Prime Minister of India, the court can take cognizance of the offense without a complaint from the Prime Minister.
Common Questions and Answers
Q: What does “cognizance” mean in this context?
A: “Cognizance” refers to the court’s power to initiate proceedings in a case.
Q: Can a court take cognizance of a defamation case without a complaint?
A: Generally no, unless the exceptions mentioned in Section 198B apply.
Q: What happens if the person defamed dies before filing a complaint?
A: In such cases, the legal heirs of the deceased can file a complaint.
