Section 260 BNSS 2023 - Procedure in Cases under Section 222(2)
Section 260 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the trial procedure where a Court of Session takes cognizance of a special defamation complaint under Section 222(2). It applies a warrant-case procedure, provides for examination of the person allegedly defamed, permits an in-camera trial, and creates a compensation mechanism where an accusation is found to have been made without reasonable cause.
Text of Section 260 BNSS
260. (1) A Court of Session taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.
(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:
Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
(8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.
What is a case under Section 222(2) BNSS?
Section 222 deals with prosecution for defamation. Sub-section (2) creates a special route for an offence under Section 356 of the Bharatiya Nyaya Sanhita, 2023 where the alleged defamation concerns specified constitutional authorities, Ministers or certain public servants in respect of conduct in the discharge of public functions.
In such a case, a Court of Session may take cognizance directly, without the case first being committed to it, on a written complaint by the Public Prosecutor. Section 222 also contains requirements relating to the contents of the complaint, prior governmental sanction and the period within which the complaint must be made.
Related offence: Section 356 of the Bharatiya Nyaya Sanhita, 2023 is the substantive provision dealing with defamation. Section 222 BNSS governs cognizance and complaint procedure, while Section 260 governs the special trial procedure after cognizance under Section 222(2).
Trial procedure under Section 260(1)
Although the case is before a Court of Session, Section 260(1) directs that it be tried according to the procedure applicable to warrant-cases instituted otherwise than on a police report before a Magistrate. The provision therefore creates a specific procedural exception for this category of Sessions case.
As a general rule, the person against whom the alleged defamation was committed is to be examined as a prosecution witness. The Court of Session may direct otherwise, but must record reasons for doing so.
| Issue | Section 260 rule |
|---|---|
| Court | Court of Session taking cognizance under Section 222(2). |
| Trial model | Procedure for warrant-cases instituted otherwise than on a police report before a Magistrate. |
| Person allegedly defamed | Ordinarily examined as a prosecution witness. |
| Departure from examination | Permitted only if the Court directs otherwise and records reasons. |
When is the trial held in camera?
Under Section 260(2), the trial must be held in camera if either party desires it. The Court may also direct an in-camera trial on its own if it considers that course appropriate.
An in-camera proceeding is one conducted without general public access to the courtroom. The provision therefore gives either party a statutory basis to seek privacy for a trial falling under Section 260.
Compensation where there was no reasonable cause for the accusation
Sections 260(3) and 260(4) create a limited compensation procedure. If the accused is discharged or acquitted and the Court considers that there was no reasonable cause for making the accusation, the Court may call upon the person against whom the offence was alleged to have been committed to show cause why compensation should not be paid.
This show-cause mechanism does not apply against the President, the Vice-President, the Governor of a State or the Administrator of a Union territory. After considering the cause shown, the Court may, for recorded reasons, order compensation not exceeding five thousand rupees.
Under Section 260(5), the compensation is recovered as if it were a fine imposed by a Magistrate. Under Section 260(6), payment of compensation does not by itself exempt the person from any other civil or criminal liability arising from the complaint. However, compensation already paid under Section 260 must be taken into account in any later civil suit concerning the same matter.
Appeal against compensation order and when compensation is paid
A person ordered to pay compensation under Section 260(4) may appeal to the High Court against the compensation part of the order.
The compensation is not to be paid to the accused until the time allowed for filing the appeal has expired. If an appeal is filed, payment must wait until that appeal has been decided.
Position of Section 260 in the BNSS trial scheme
Section 260 is placed immediately after Section 259 BNSS. Unlike Sections 248 to 259, which set out the ordinary sequence for trial before a Court of Session, Section 260 deals with the special class of defamation prosecutions instituted under Section 222(2).
| Provision | Subject |
|---|---|
| Section 251 | Framing of charge |
| Section 252 | Conviction on plea of guilty |
| Section 253 | Date for prosecution evidence |
| Section 254 | Evidence for prosecution |
| Section 255 | Acquittal |
| Section 256 | Entering upon defence |
| Section 257 | Arguments |
| Section 258 | Judgment of acquittal or conviction |
| Section 259 | Previous conviction |
| Section 260 | Procedure in cases instituted under Section 222(2) |
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. India Code records July 1, 2024 as its enforcement date. The Act consolidates and amends the law relating to criminal procedure.
Official legal resources
Last reviewed: September 11, 2026.