Section 222 of BNSS : Section 222: Prosecution for defamation.
BNSS
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Explanation using Example
Example 1:
Ravi, a journalist, writes an article in a local newspaper accusing Suresh, a local businessman, of embezzling funds from his company. Suresh feels that the article has defamed him and harmed his reputation. Under Section 222 of the Bharatiya Nagarik Suraksha Sanhita 2023, Suresh can file a complaint for defamation against Ravi. However, if Suresh is unable to file the complaint himself due to illness, his wife can file the complaint on his behalf with the permission of the court.
Example 2:
Meera, a school teacher, is accused of defamation by her colleague, Priya, who claims that Meera spread false rumors about her personal life. Priya decides to file a complaint under Section 222 of the Bharatiya Nagarik Suraksha Sanhita 2023. Since Priya is the aggrieved person, she can directly file the complaint. However, if Priya were a minor or had a mental disability, her guardian or a close relative could file the complaint on her behalf with the court's permission.
Example 3:
A political cartoonist publishes a cartoon depicting the Chief Minister of a state in a negative light, suggesting corruption. The Chief Minister feels defamed and wants to take legal action. Under Section 222 of the Bharatiya Nagarik Suraksha Sanhita 2023, the Public Prosecutor can file a complaint on behalf of the Chief Minister. However, this requires prior sanction from the State Government. The complaint must be filed within six months of the alleged defamation.
Example 4:
An NGO worker, Anjali, accuses a Union Minister of misusing public funds during a public speech. The Union Minister feels defamed and wants to initiate legal proceedings. According to Section 222 of the Bharatiya Nagarik Suraksha Sanhita 2023, the Public Prosecutor can file a complaint on behalf of the Union Minister, but only with prior sanction from the Central Government. The complaint must detail the facts and nature of the alleged offence and be filed within six months of the incident.