(1) No Court shall take cognizance of an offence punishable under section 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence: Provided that where such person is a child, or is of unsound mind or is having intellectual disability 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 Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 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,— (i) in the case of a person who is or has been the Governor of that State or a Minister of that Government; (ii) in the case of any other public servant employed in connection with the affairs of the State; (b) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 222
Prosecution for defamation
⚡ Quick Answer Reference: Section 222 BNSS
- Provision: Section 222 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: This section explains how to prosecute someone for defamation in India. It says that a court can only take action if someone who was defamed makes a complaint. If the person defamed is unable to make a complaint, someone else can do it on their behalf. For public figures like the President or a Minister, a special prosecutor can take action without needing permission from the person defamed.
What does Section 222 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 222 of BNSS mean?
Plain English Explanation
This section explains how to prosecute someone for defamation in India. It says that a court can only take action if someone who was defamed makes a complaint. If the person defamed is unable to make a complaint, someone else can do it on their behalf. For public figures like the President or a Minister, a special prosecutor can take action without needing permission from the person defamed.
Practical Interpretation
In real-life practice, this section means that a person who was defamed needs to make a complaint to the court for action to be taken. If they are unable to do so, someone else can make a complaint on their behalf. For public figures, a special prosecutor can take action without needing permission from the person defamed.
Core Legal Purpose
The core purpose of this section is to ensure that only those who were directly affected by defamation can initiate prosecution, while also providing a mechanism for public figures to be protected from frivolous complaints.
- •A person who was defamed must make a complaint to the court for action to be taken.
- •If the person defamed is unable to make a complaint, someone else can do it on their behalf.
- •For public figures like the President or a Minister, a special prosecutor can take action without needing permission from the person defamed.
- •The complaint must be made within six months from the date of the alleged defamation.
Practical Example of Section 222 BNSS
Rajesh, a journalist, publishes an article that defames Priya, a local politician. Priya is unable to make a complaint due to her illness. Rajesh's colleague, Amit, makes a complaint on Priya's behalf to the court. The court takes cognizance of the case and summons Rajesh for trial.
Frequently Asked Questions about Section 222 BNSS
Q: What is the punishment or consequence under Section 222 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment for defamation is outlined in Section 356 of the Bharatiya Nyaya Sanhita, 2023.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, including public figures like the President or a Minister.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether the offence is bailable or cognizable. However, the Bharatiya Nyaya Sanhita, 2023 may have provisions that classify the offence as bailable or cognizable.
Common Questions about Section 222 BNSS
What is Section 222 of BNSS?
Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Prosecution for defamation". In plain terms: This section explains how to prosecute someone for defamation in India. It says that a court can only take action if someone who was defamed makes a complaint. If the person defamed is unable to make a complaint, someone else can do it on their behalf. For public figures like the President or a Minister, a special prosecutor can take action without needing permission from the person defamed.
What is the punishment under Section 222 of BNSS?
Section 222 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 222 of BNSS bailable or non-bailable?
Whether Section 222 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 222 of BNSS?
The essential elements of Section 222 of BNSS are: A person who was defamed must make a complaint to the court for action to be taken.; If the person defamed is unable to make a complaint, someone else can do it on their behalf.; For public figures like the President or a Minister, a special prosecutor can take action without needing permission from the person defamed..
Landmark Judgments under Section 222 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 222
Ask Nyaya AI About Section 222
Select a pre-configured prompt to run this section through the grounded research engine.