Section 222 BNSS: Prosecution for defamation
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 222 BNSS at a Glance
Section 222 BNSS deals with prosecution for defamation. It replaced Section 199 CrPC on 1 July 2024.
Section 222 BNSS Bare Act Text
(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.
Source: Section 222, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 222 BNSS in Simple Words
Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with prosecution for defamation. 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. The proviso to Section 222(1) BNSS covers an aggrieved person who is a child, or is of unsound mind or has intellectual disability. It also covers a person who is unable to make a complaint from sickness or infirmity. It covers a woman who, according to the local customs and manners, ought not to be compelled to appear in public. In each case some other person may make the complaint on behalf of the aggrieved person, but only with the leave of the Court. Section 222(2) BNSS applies despite anything else in the Sanhita. It covers an offence under Section 356 BNS alleged to have been committed against any of the following persons, at the time of the offence.
These are the President of India, the Vice-President of India, the Governor of a State and the Administrator of a Union territory. A Minister of the Union, of a State or of a Union territory is also covered. So is any other public servant employed in connection with the affairs of the Union or of a State, in respect of the conduct of the public servant in the discharge of public functions. For such an offence a Court of Session may take cognizance, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor. Every complaint under Section 222(2) BNSS shall set forth the facts which constitute the offence alleged and the nature of the offence. It shall also give such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged. Under Section 222(4) BNSS, the Public Prosecutor shall not make a complaint under Section 222(2) BNSS without previous sanction. Under Section 222(4)(a) BNSS the sanction is that of the State Government.
That applies to a person who is or has been the Governor of that State or a Minister of that Government. It also applies to any other public servant employed in connection with the affairs of the State. Under Section 222(4)(b) BNSS, in any other case the sanction is that of the Central Government. Section 222(5) BNSS adds a time limit. A Court of Session shall not take cognizance of such an offence unless the complaint is made within six months from the date on which the offence is alleged to have been committed. Section 222 BNSS does not affect the right of the person against whom the offence is alleged to have been committed to complain about that offence to a Magistrate having jurisdiction. Nor does it affect the power of that Magistrate to take cognizance of the offence upon such a complaint.
When Section 222 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 222 BNSS
- 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”
Example of Section 222 BNSS
When Section 222 BNSS Does Not Apply
- Section 222(5) BNSS speaks of a Court of Session taking cognizance of an offence under Section 222(2) BNSS. It does not deal with a complaint made before a Magistrate having jurisdiction, which Section 222(6) BNSS covers.
- Section 222(2) BNSS speaks of a complaint in writing made by the Public Prosecutor to a Court of Session. It does not deal with a complaint made by the person aggrieved, which Section 222(1) BNSS covers.
Section 222 BNSS in the CrPC (Previous Law)
Section 222 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, 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.
Each sub-section below names its own source.
FAQs on Section 222 BNSS
Who may make a complaint of defamation under Section 222 BNSS?▼
Section 222(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that 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. 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.
When may a Court of Session take cognizance without the case being committed under Section 222 BNSS?▼
Section 222(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that 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. The offence must be 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, 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.
Whose previous sanction is needed before the Public Prosecutor makes a complaint under Section 222(2) BNSS?▼
Section 222(4)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that the previous sanction is that of the State Government. Under Section 222(4)(a)(i) BNSS it is given in the case of a person who is or has been the Governor of that State or a Minister of that Government. Under Section 222(4)(a)(ii) BNSS it is given in the case of any other public servant employed in connection with the affairs of the State. Under Section 222(4)(b) BNSS, in any other case, the previous sanction is that of the Central Government.
What changed from Section 199 CrPC to Section 222 BNSS from 1 July 2024?▼
From 1 July 2024, Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 199 of the Code of Criminal Procedure, 1973. 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. Section 222(4) BNSS lays the sanction clauses out as Section 222(4)(a)(i) BNSS, Section 222(4)(a)(ii) BNSS and Section 222(4)(b) BNSS, with Section 222(4)(a) BNSS reading of the State Government. Their words are the same as Section 199(4)(a) CrPC, Section 199(4)(b) CrPC and Section 199(4)(c) CrPC, so this is a change of form in layout.
Section 222 BNSS: Sub-sections Explained
Section 222(1) BNSS: Prosecution for defamation
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Bare Act Text
(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.
Section 222(2) BNSS: Prosecution for defamation
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Bare Act Text
(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.
Section 222(3) BNSS: Prosecution for defamation
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Bare Act Text
(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.
Section 222(4) BNSS: Prosecution for defamation
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Bare Act Text
(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.
Section 222(5) BNSS: Prosecution for defamation
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Bare Act Text
(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.
Section 222(6) BNSS: Prosecution for defamation
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·