CrPC 199→BNSS 222

CrPC 199 to BNSS 222: Prosecution for defamation

Section 199 CrPC (1973) replaced by Section 222 BNSS (2023)

View CrPC Section 199 →View BNSS Section 222 →

CrPC 199 to BNSS 222 at a Glance

Section 199 CrPC (Prosecution for defamation) is now Section 222 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 199 to BNSS 222?

Section 199 of the Code of Criminal Procedure, 1973 is found in Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with Section 199(1) to Section 199(6) CrPC in Section 222(1) to Section 222(6) BNSS. Section 222(1) BNSS and Section 222(2) BNSS read Section 356 BNS where Section 199(1) CrPC and Section 199(2) CrPC read Chapter XXI of the Indian Penal Code. The proviso to Section 222(1) BNSS reads a child, or is of unsound mind or is having intellectual disability where the proviso to Section 199(1) CrPC read under the age of eighteen years, or is an idiot or a lunatic. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years. Section 222(2) BNSS reads the word Sanhita where Section 199(2) CrPC read the word Code. The sanction clauses of Section 199(4) CrPC are laid out in Section 222(4) BNSS under Section 222(4)(a) BNSS for the State Government, in the same words.

CrPC 199 vs BNSS 222: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section199222
HeadingProsecution for defamationSame
Sub-sections6 sub-sectionsSame

CrPC 199 and BNSS 222: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 199, CrPC 1973

199. 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.
BNSS 2023 (in force)

Section 222, BNSS 2023

222. Prosecution for defamation.—(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.

When It Applies: CrPC 199 vs BNSS 222

Under CrPC 199
  1. No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence.
  2. Where the aggrieved 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.
  3. A Court of Session may take cognizance of an offence falling under Chapter XXI of the Indian Penal Code, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor, where the offence is alleged to have been committed against the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory, 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.
  4. Every complaint referred to in Section 199(2) CrPC 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.
  5. No complaint under Section 199(2) CrPC shall be made by the Public Prosecutor except with the previous sanction 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, or of the State Government, in the case of any other public servant employed in connection with the affairs of the State, or of the Central Government, in any other case.
  6. Nothing in Section 199 CrPC 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.
Under BNSS 222
  1. No Court shall take cognizance of an offence punishable under Section 356 BNS except upon a complaint made by some person aggrieved by the offence.
  2. Where the aggrieved 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.
  3. A Court of Session may take cognizance of an offence falling under Section 356 BNS, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor, where the offence is alleged to have been committed against the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory, 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.
  4. Every complaint referred to in Section 222(2) BNSS 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.
  5. No complaint under Section 222(2) BNSS shall be made by the Public Prosecutor except with the previous sanction 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, or in the case of any other public servant employed in connection with the affairs of the State, or of the Central Government, in any other case.
  6. Nothing in Section 222 BNSS 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.

Time Limits: CrPC 199 to BNSS 222

Under CrPC 199
  • No Court of Session shall take cognizance of an offence under Section 199(2) CrPC unless the complaint is made within six months from the date on which the offence is alleged to have been committed.Act text: “unless the complaint is made within six months from the date on which the offence is alleged to have been committed”
Under BNSS 222
  • No Court of Session shall take cognizance of an offence under Section 222(2) BNSS unless the complaint is made within six months from the date on which the offence is alleged to have been committed.Act text: “unless the complaint is made within six months from the date on which the offence is alleged to have been committed”

What CrPC 199 to BNSS 222 Means in Practice

From 1 July 2024, the provisions on prosecution for defamation are in Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 where they were in Section 199 of the Code of Criminal Procedure, 1973. Section 222 BNSS refers to Section 356 BNS where Section 199 CrPC referred to Chapter XXI of the Indian Penal Code.

FAQs: CrPC 199 to BNSS 222

Which section of the BNSS replaced Section 199 CrPC from 1 July 2024?▼

Section 199 of the Code of Criminal Procedure, 1973 is found in Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 199(1) CrPC to Section 199(6) CrPC are found in Section 222(1) BNSS to Section 222(6) BNSS, and Section 222(1) BNSS and Section 222(2) BNSS read Section 356 BNS where Section 199(1) CrPC and Section 199(2) CrPC read Chapter XXI of the Indian Penal Code.

How does the proviso to Section 222(1) BNSS differ from the proviso to Section 199(1) CrPC?▼

The proviso to Section 199(1) of the Code of Criminal Procedure, 1973 reads under the age of eighteen years, or is an idiot or a lunatic. The proviso to Section 222(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads a child, or is of unsound mind or is having intellectual disability. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years.

How is the sanction of the State Government laid out in Section 222(4) BNSS compared with Section 199(4) CrPC?▼

Section 199(4) of the Code of Criminal Procedure, 1973 has Section 199(4)(a) CrPC and Section 199(4)(b) CrPC for the State Government and Section 199(4)(c) CrPC for the Central Government. Section 222(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has Section 222(4)(a) BNSS for the State Government, with Section 222(4)(a)(i) BNSS and Section 222(4)(a)(ii) BNSS, and Section 222(4)(b) BNSS for the Central Government. The words of each clause are the same, so Section 222(4) BNSS differs from Section 199(4) CrPC in layout only.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·