Prosecution for defamation.

What this section does

Cognizance of defamation under section 356 of the BNS can ordinarily be taken only on a complaint by the aggrieved person; where the victim is a high constitutional functionary or public servant acting in official capacity, a Court of Session may take cognizance on a written complaint by the Public Prosecutor (with prior government sanction) within six months of the alleged offence. The section preserves the right of the aggrieved person to independently approach a Magistrate.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Court of Session · Magistrate · Public Prosecutor · Aggrieved person · State Government · Central Government

Time limit

Complaint by Public Prosecutor must be made within six months from the date of the alleged offence (sub-section 5).

Derived from CrPC s.199.