CrPC Section 199
📜 Section 199 CrPC: Prosecution for defamation
Text of Section 199 CrPC (Paraphrased):
This section deals with the procedure for complaint and prosecution in cases of defamation.
A complaint for defamation can only be made by the person who claims to have been defamed.
The complaint must be made to a magistrate of the first class or to a magistrate empowered to take cognizance of the offence.
The magistrate may take cognizance of the offence only after the complainant has filed a written complaint.
The magistrate may either:
Take cognizance of the offence and proceed with the case, or
Dismiss the complaint if it is frivolous or baseless.
🧠 Meaning and Purpose:
Defamation (defined under Section 499 and 500 IPC) is the act of harming a person’s reputation by making false or malicious statements.
Section 199 CrPC governs how a defamation case is initiated and prosecuted.
It requires the person who feels defamed to personally initiate the complaint, not third parties.
This ensures that defamation cases are taken seriously and complaints are genuine.
⚖️ Key Points:
Who can file the complaint?
Only the person aggrieved by the alleged defamatory statement.
Where to file the complaint?
Before a First Class Magistrate or any magistrate with jurisdiction to handle such complaints.
Requirement of written complaint:
A written complaint is mandatory.
The complaint must clearly state the defamatory statements and how the complainant’s reputation is harmed.
Discretion of magistrate:
Magistrate may dismiss the complaint if it is frivolous or lacks merit.
If the complaint is valid, the magistrate can take cognizance (officially start the case).
Purpose:
Protect individuals from false and malicious defamation.
Prevent misuse of legal process for trivial or vexatious claims.
🧾 Illustration Example:
Person A believes Person B has made false statements damaging Person A’s reputation.
Person A files a written complaint under Section 199 to the magistrate.
Magistrate examines the complaint and if found genuine, starts criminal proceedings for defamation under IPC Sections 499 and 500.
🔍 Relation to Other Sections:
Section 499 & 500 IPC define and punish defamation.
Section 199 CrPC deals with procedure — how the defamation complaint is initiated and proceeded with.
Related provisions in CrPC ensure proper jurisdiction and process for criminal defamation cases.
🧑⚖️ Summary:
Section 199 CrPC sets the legal framework to prosecute defamation cases.
Only the person defamed can file the complaint, and it must be in writing before a competent magistrate.
The magistrate can dismiss baseless complaints or take cognizance of genuine ones.
This balances protecting personal reputation and avoiding frivolous litigation.
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