Section 222 BNSS: Prosecution for Defamation Under Section 356 BNS
Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the manner in which a Court may take cognizance of defamation offences punishable under Section 356 of the Bharatiya Nyaya Sanhita, 2023. As a general rule, cognizance requires a complaint by a person aggrieved by the alleged defamation. A special procedure applies where specified constitutional authorities, Ministers or public servants are allegedly defamed in relation to the discharge of public functions.
Text of Section 222 BNSS
222. (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.
Meaning and Scope of Section 222
Section 222 is a procedural provision governing cognizance of defamation offences under Section 356 BNS. It does not itself define defamation. The substantive offence, statutory exceptions and punishments are contained in Section 356 BNS.
The provision creates two principal routes. The ordinary route is a complaint by the person aggrieved by the alleged defamation. The special route permits a Court of Session to take cognizance directly on a written complaint by the Public Prosecutor where the alleged defamation concerns the conduct of specified constitutional authorities, Ministers or public servants in the discharge of public functions.
What Is Section 356 of the Bharatiya Nyaya Sanhita, 2023?
Section 356 BNS is the substantive provision dealing with defamation. Broadly, it covers making or publishing an imputation concerning a person, by words spoken or intended to be read, by signs or by visible representations, with the intention of harming, or with knowledge or reason to believe that the imputation will harm, that person's reputation.
Section 356 also contains statutory Explanations and ten Exceptions. These include, subject to the conditions stated in the provision, matters such as imputation of truth required for the public good, good-faith opinions concerning public conduct of public servants, good-faith opinions concerning conduct touching a public question, substantially true reports of Court proceedings, merits of cases decided by Courts, merits of public performances, good-faith censure by a lawful authority, accusations made in good faith to a lawful authority, imputations made in good faith for protection of interests, and good-faith cautions.
Under Section 356(2), defamation is punishable with simple imprisonment for a term which may extend to two years, or with fine, or with both, or with community service. Sections 356(3) and 356(4) separately deal with printing or engraving defamatory matter with the requisite knowledge and sale of printed or engraved defamatory matter with knowledge of its defamatory content.
Complaint by a Person Aggrieved
The general rule in Section 222(1) is that no Court shall take cognizance of an offence punishable under Section 356 BNS unless a complaint is made by some person aggrieved by the offence.
Where the aggrieved person is a child, is of unsound mind, has intellectual disability, is unable to make a complaint due to sickness or infirmity, or is a woman who according to local customs and manners ought not to be compelled to appear in public, another person may make the complaint on that person's behalf with the leave of the Court.
Special Public Prosecutor Route Under Section 222(2)
| Requirement | Section 222 Rule |
|---|---|
| Person allegedly defamed | President, Vice-President, Governor, Union territory Administrator, Union/State/UT Minister, or specified public servant. |
| Connection with public function | The alleged defamation must relate to conduct in the discharge of public functions. |
| Court | A Court of Session may take cognizance directly without committal. |
| Complaint | The complaint must be in writing and made by the Public Prosecutor. |
| Sanction | Previous sanction of the State Government or Central Government is required as specified in Section 222(4). |
| Time limit | The Public Prosecutor complaint under Section 222(2) must be made within six months from the alleged commission of the offence. |
Previous Sanction Under Section 222(4)
A Public Prosecutor cannot make the special complaint under Section 222(2) without previous sanction. State Government sanction applies where the person is or has been the Governor of that State, a Minister of that State Government, or another public servant employed in connection with the affairs of the State. Central Government sanction applies in the other cases covered by the special procedure.
Six-Month Limit for the Special Complaint
Section 222(5) specifically bars the Court of Session from taking cognizance under the special Public Prosecutor procedure unless the complaint is made within six months from the date on which the offence is alleged to have been committed.
Independent Right to Complain Before a Magistrate
Section 222(6) preserves the right of the person allegedly defamed to make a complaint before a Magistrate having jurisdiction. The special Public Prosecutor procedure therefore does not extinguish the ordinary personal complaint remedy of the person against whom the offence is alleged to have been committed.
Key Legal Points
- Section 222 BNSS governs cognizance of defamation offences punishable under Section 356 BNS.
- The ordinary rule requires a complaint by a person aggrieved by the alleged defamation.
- In specified cases, another person may complain on behalf of the aggrieved person with leave of the Court.
- A special procedure exists for specified constitutional authorities, Ministers and public servants where the alleged defamation concerns public functions.
- Under the special procedure, the Public Prosecutor must file a written complaint before the Court of Session.
- The Public Prosecutor complaint requires previous Government sanction as specified in Section 222(4).
- The special complaint must be made within six months of the alleged offence.
- The person allegedly defamed retains the independent right to complain before a Magistrate having jurisdiction.
Commencement of the BNSS and BNS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and the Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed July 1, 2024 as the commencement date for the new criminal laws, subject to the notified exception relating to Section 106(2) BNS and the corresponding First Schedule entry in the BNSS.
Official Legal Sources
For authoritative statutory text and commencement information, refer to the official Government sources below.