Description

General Rule

No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (IPC), 1860 (relating to defamation) except:

• Upon a complaint made by the aggrieved person.

Exceptions

1. If the aggrieved person is:

   • Under 18 years of age,
   • An idiot or a lunatic,
   • Unable to make a complaint due to sickness or infirmity,
   • A woman who, due to local customs, should not be compelled to appear in public,

   ? Then another person may file a complaint on their behalf with the Court’s permission.

2. Public Officials & High-Ranking Individuals

   • If the alleged defamation is against:
     • The President or Vice-President of India,
     • The Governor of a State,
     • A Minister of the Union or a State,
     • A Government official acting in the discharge of their public duties,

   ? A Court of Session can directly take cognizance of the offence without commitment by a Magistrate, but only upon a written complaint by the Public Prosecutor.

Requirements for Complaints by Public Prosecutor

• The complaint must specify:

  • Facts constituting the offence,
  • Nature of the offence,
  • Other necessary particulars to give the accused clear notice.

• Public Prosecutor cannot file the complaint without the prior sanction of:

  • The State Government, if the alleged defamation is against the Governor or a State Minister.
  • The State Government, if the accused is a State Government employee.
  • The Central Government, in all other cases.

• The complaint must be filed within six months from the date of the alleged offence.

Rights of the Aggrieved Person

Nothing in this section affects the aggrieved person’s right to directly file a complaint before a Magistrate with jurisdiction.