Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Prosecution for Defamation
📜 Text of Section 222
Complaint Requirement: No court shall take cognizance of an offence punishable under Section 356 of the Bharatiya Nyaya Sanhita, 2023, except upon a complaint made by the person aggrieved by the offence
Exception: If the aggrieved person is a child, of unsound mind, intellectually disabled, unable to make a complaint due to sickness or infirmity, or a woman who, according to local customs, ought not to appear in public, another person may, with the court's permission, make the complaint on their behalf.
Offences Involving Public Officials: When an offence under Section 356 of the Bharatiya Nyaya Sanhita, 2023, is alleged to have been committed against certain public officials (e.g., President, Vice-President, Governors, Ministers, or public servants), a Court of Session may take cognizance of the offence without the case being committed to it, upon a written complaint made by the Public Prosecutor.
Details in Complaint: Every complaint referred to in subsection (2) must set forth the facts constituting the offence, the nature of the offence, and other particulars sufficient to give notice to the accused of the offence alleged
Sanction for Complaint: No complaint under subsection (2) shall be made by the Public Prosecutor except with the previous sanction
State Government: For offences involving a person who is or has been the Governor of that State or a Minister of that Government, or any other public servant employed in connection with the affairs of the State.
Central Government: In any other case
Time Limit for Filing Complaint: No Court of Session shall take cognizance of an offence under subsection (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed.
Private Complaint Right: 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.
⚖️ Legal Context and Purpose
Section 222 of the BNSS, 2023, outlines the procedure for prosecuting defamation offences under Section 356 of the Bharatiya Nyaya Sanhita, 2023. It establishes who may file a complaint, the requirements for such complaints, the role of public prosecutors, and the rights of individuals in defamation cases. This section ensures that defamation laws are applied judiciously, balancing the protection of individuals' reputations with safeguards against frivolous or politically motivated claims.
🧭 Illustrative Example
Scenario: A defamatory statement is made against a public official, and the aggrieved individual is unable to file a complaint due to illness
Application of Section 222:
Filing the Complaint: A relative or guardian may file the complaint on behalf of the aggrieved individual with the court's permission.
Role of Public Prosecutor: If the defamation involves a public official, the Public Prosecutor may file the complaint with the Court of Session, subject to obtaining the necessary government sanction.
Time Limit: The complaint must be filed within six months from the date the offence is alleged to have been committed.
Private Complaint: The aggrieved individual retains the right to file a private complaint before a Magistrate, irrespective of the actions of the Public Prosecutor.
📌 Conclusion
Section 222 of the BNSS, 2023, provides a comprehensive framework for addressing defamation offences, ensuring that individuals' reputations are protected while maintaining safeguards against misuse of defamation laws. By delineating the procedures for filing complaints, the roles of various authorities, and the rights of the aggrieved parties, it aims to balance justice and fairness in defamation cases.
RELATED Blog
0 comments