Section 199 CrPC: Prosecution for Defamation and Who Can File a Complaint
Section 199 of the Code of Criminal Procedure, 1973 prescribed the special rule for taking cognizance of criminal defamation under Chapter XXI of the Indian Penal Code, 1860. The general rule was that the complaint had to be made by a person aggrieved by the alleged defamation.
Meaning of prosecution for defamation under Section 199 CrPC
Criminal defamation under the pre-BNSS framework was dealt with in Chapter XXI of the Indian Penal Code, 1860. Section 199 CrPC did not itself define the offence of defamation. Instead, it controlled who could initiate prosecution and how the Court could take cognizance of an IPC defamation offence.
For this purpose, cognizance means the judicial act by which a competent criminal Court applies its mind to an alleged offence for the purpose of proceeding according to law. A person aggrieved ordinarily means the person whose reputation is alleged to have been harmed by the defamatory imputation, subject to the statutory exceptions permitting another person to complain with leave of the Court.
Section 199 CrPC - statutory provisions
Section 199 - 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.
Where the aggrieved person is under eighteen years of age, is of unsound mental condition within the terminology then used by the Code, or because of sickness or infirmity is unable to make a complaint, or is a woman who according to local customs and manners ought not to be compelled to appear in public, another person may, with leave of the Court, make the complaint on his or her behalf.
(2) Notwithstanding anything contained in the Code, where an offence under Chapter XXI IPC is alleged against the President of India, Vice-President of India, Governor of a State, Administrator of a Union territory, a Union, State or Union territory Minister, or another public servant employed in connection with the affairs of the Union or a State, in respect of conduct in discharge of public functions, a Court of Session may take cognizance directly on a written complaint by the Public Prosecutor.
(3) A complaint under sub-section (2) must state the facts constituting the alleged offence, its nature and sufficient particulars to give the accused notice of the accusation.
(4) The Public Prosecutor cannot make a complaint under sub-section (2) without previous sanction: of the State Government for a Governor or Minister of that State; of the State Government for another public servant employed in connection with State affairs; and of the Central Government in other cases.
(5) A Court of Session cannot take cognizance under sub-section (2) unless the Public Prosecutor's complaint is made within six months from the date of the alleged offence.
(6) The special procedure does not take away the aggrieved person's right to make a complaint before a Magistrate having jurisdiction, nor the Magistrate's power to take cognizance on that complaint.
Who could initiate defamation proceedings?
| Situation | Who could complain under Section 199 CrPC |
|---|---|
| Ordinary criminal defamation | The person aggrieved by the alleged offence. |
| Aggrieved person unable to complain in circumstances covered by the proviso to Section 199(1) | Another person, but only with leave of the Court. |
| Specified constitutional functionary, Minister or public servant defamed regarding discharge of public functions | The Public Prosecutor could use the special Sessions Court route, subject to the required previous Government sanction. |
| Specified public functionary personally wishes to complain | Section 199(6) preserved the right to make a complaint before the Magistrate having jurisdiction. |
Special procedure for public functionaries
Sub-sections (2) to (5) created an exceptional route. In the specified cases, the Court of Session could take cognizance without committal by a Magistrate, but only on a written complaint by the Public Prosecutor. The complaint had to contain adequate particulars, the prescribed prior sanction was mandatory for invoking this route, and the complaint had to be made within six months of the alleged offence.
Relationship with the IPC offence of defamation
Under the law in force before 1 July 2024, the substantive offence of defamation was contained in Chapter XXI of the IPC, principally Section 499, with punishment under Section 500 and related provisions concerning printing, engraving and sale of defamatory matter. Section 199 CrPC was procedural: it specified the complaint and cognizance requirements for prosecution of those offences.
Current-law note after 1 July 2024
The CrPC and IPC framework discussed above has been replaced for the new criminal-law regime by the BNSS and BNS. Defamation is now addressed in Section 356 of the Bharatiya Nyaya Sanhita, 2023. This page is retained as a reference to Section 199 CrPC for the pre-BNSS legal framework and for matters in which the old law continues to be relevant under applicable savings and transitional provisions.
Key points
Section 199 made an aggrieved person's complaint the normal foundation for criminal defamation prosecution. It permitted a representative complaint in limited circumstances with the Court's leave, created a special Public Prosecutor route for specified public functionaries in relation to their public functions, required prior Government sanction for that special route, imposed a six-month limit for the special Sessions Court complaint, and preserved the affected person's independent right to approach the jurisdictional Magistrate.
Legal note: This page is an explanatory article on the statutory framework. The applicable provision should be checked with reference to the date of the alleged act, the date of proceedings and any relevant repeal or savings provision.