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 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
COMPLAINTS TO MAGISTRATES