What is Prosecution for defamation? Who can initiate defamation proceedings? Section 199 of Code of Criminal Procedure 1973

Prosecution for defamation is defined under Section 199 of CRPC 1973. Provisions under this section is:

Section 199 of CRPC "Prosecution for defamation"

(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.

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING

What is Cognizance of offences by Magistrates? What is Transfer on application of the accused? What is Making over of cases to Magistrates? Section 190, 191 and 192 of Code of Criminal Procedure 1973

What is Cognizance of offences by Courts of Session? What is the meaning of Additional and Assistant Sessions Judges to try cases made over to them? What is Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence? Section 193, 194 and 195 of Code of Criminal Procedure 1973

What is Prosecution for offences against the State and for criminal conspiracy to commit such offence? Section 196 of Code of Criminal Procedure 1973

What is Prosecution of Judges and public servants? Section 197 of Code of Criminal Procedure 1973

What is Prosecution for offences against marriage? Section 198 of Code of Criminal Procedure 1973

What is Prosecution for defamation? Who can initiate defamation proceedings? Section 199 of Code of Criminal Procedure 1973

COMPLAINTS TO MAGISTRATES

What is Examination of complainant? What is Procedure by Magistrate not competent to take cognizance of the case? What is Postponement of issue of process? What is Dismissal of complaint? Section 200, 201, 202, 203 of Code of Criminal Procedure 1973

What is Issue of process? Magistrate may dispense with personal attendance of accused,  What is Special summons in cases of petty offence? Section 204, 205 and 206 of Code of Criminal Procedure 1973

Supply to the accused of copy of police report and other documents & Supply of copies of statements and documents to accused in other cases triable by Court of Session. Section 207 and 208 of Code of Criminal Procedure 1973

What is Commitment of case to Court of Session when offence is triable exclusively by it? What is Procedure to be followed when there is a complaint case and police investigation in respect of the same offence?. Section 209 and 210 of Code of Criminal Procedure 1973

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