Prosecution for defamation
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: Provided that where such person is a child, or is of unsound mind or is having intellectual disability or is from sickn The Act came into force on 01 Jul 2024.
(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.
Section 222, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 199 Prosecution for defamation Text carried over almost unchanged 92%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ram Swarup vs Mohd. Javed Razack
Decided under Code of Criminal Procedure 199, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Metropolitan Magistrate may take cognizance of a defamation complaint based on a prima facie case established through examination of the complaint and the complainant on oath, without mandatory referral to police under Section 156(3) CrPC. Furthermore, a complainant who is himself addressed with defamatory words has the legal standing to lodge a complaint under Section 199 CrPC, regardless of whether defamatory words were also used against a third party. The Magistrate's discretionary exercise of cognizance, once made based on prima facie case establishment, cannot be subsequently challenged on procedural grounds.
On this section: Conditions for proceeding in cases of defamation; court examined whether the complainant had the legal right to lodge the complaint for words used against both himself and his father
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 222
What have the courts held on Section 222 of the Bharatiya Nagarik Suraksha Sanhita?
Ram Swarup vs Mohd. Javed Razack (23 Feb 2005) is the leading judgment on this section among those set out below, though it was decided under CRPC 199, which this section replaced -- the court never mentioned this Act: Conditions for proceeding in cases of defamation; court examined whether the complainant had the legal right to lodge the complaint for words used against both himself and his father.
How do I find court cases under Section 222 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 222, section 222 BNSS, section 222 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 222 2 and bnss 222 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ram Swarup vs Mohd. Javed Razack (23 Feb 2005).
What should I read with Section 222 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 356 (Defamation), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 199 (Prosecution for defamation), so the judgments decided under that provision are the case law on this one.
When did Section 222 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 222 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 222, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.