Prosecution for defamation :
Section -199 . (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) | Â | 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) | Â | of the State Government, in the case of any other public servant employed in connection with the affairs of the State; |
| (c) | Â | 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.
COMMENTS
AMENDMENTS
1898 Code vs. 1973 Code
These sections correspond to and consolidate the provisions contained in sections 198, 198A, 198B, 199, 199A and 199B of the old Code.They deal with prosecutions in certain categories of offences. The changes made in the old provisions are briefly enumerated below :
| 1. | Â | Procedural restriction removed – The procedural restriction on offence under section 491 of the Indian Penal Code (breach of contract) which was contained in the old provision has been removed by omitting the reference to that section from revised section 199. |
| 2. | Â | Offences relating to marriages – Cognizance of all offences relating to marriage and matters connected therewith have been dealt with in a single section 198 (new) instead of in three sections which was the case before while doing so, it has been made clear that the section applies to abetments and attempts to commit offences under Chapter XX of the Indian Penal Code also [see Section 198(7)]. It has also been made clear that a person who is authorised by the husband who is in the army need not again obtain leave of the court for making a complaint [see section 198(1)(b)]. |
| 3. | Â | Defamation – Offences under Chapter XXI of the Indian Penal Code have been dealt with in a separate section 199 minus matters regarding defamation of persons under the age of eighteen years or lunatics [as contained in old section 199A]. |
| 4. | Â | Defamation of high dignitaries, etc. – As regards defamation of high dignitaries and public servants: |
| a. | Â | It has been made clear that the section applied only when the dignitary defamed holds the office at the time of the defamation. The State should not have power to initiate prosecution under this section for defamation of ex-ministers, etc. [see words used: “at the time of such commission” in sub-section (2) of section 199]. |
| b. | Â | It has also been provided that the Public Prosecutor should obtain the previous sanction of the Government concerned instead of particular Secretaries as was the case under the old section. |
| c. | Â | In view of the abolition of jury trial, the Court of Session is empowered to take cognizance of the case directly [see section 199(2)]. |
| d. | Â | Sub-section (6) of section 198 brings out clearly the idea contained in sub-sections (13) and (14) of section 198B of the old Code. |
| e. | Â | Provisions regarding payment of compensation as contained in old sub-sections (6) to (11) of section 198B have been omitted as new section 250 already deals with the subject generally. |
Amendment Act, 1978
Paragraph (c) of proviso to sub-section (1) of section 198 has been amended by the Amendment Act, 1978 to provide that a complaint of an offence of bigamy may be filed also by any other person related to the wife by blood, marriage or adoption, after obtaining leave of court. This amendment is intended to afford the much needed help to the aggrieved woman in such cases. This also incidentally implements a recommendation of the Committee on Status of Women.