Question

Prosecution for the offence of defamation can be initiated only

• A. On the complaint of the aggrieved party
• B. On the basis of an F.I.R
• C. On the basis of a police report
• D. If it is a matter related to domestic affairs of a family

Hint:

Remember that for certain offences that are considered private wrongs (like defamation or offences against marriage), the CrPC requires the legal machinery to be initiated only by the person who is directly affected. This is an exception to the general rule that anyone can set the criminal law in motion.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question is about the specific procedure for initiating legal proceedings for the offence of defamation under the Indian Penal Code. This involves a special rule regarding how a court can take cognizance of this offence.
Step 2: Key Formula or Approach:
The procedure is governed by Section 199 of the Code of Criminal Procedure, 1973.
Section 199(1). Prosecution for defamation.— "No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860) [which deals with defamation] except upon a complaint made by some person aggrieved by the offence..."
Step 3: Detailed Explanation:
- The offence of defamation under Section 499 IPC is a non-cognizable offence. This means the police cannot register an FIR and start an investigation on their own.
- More importantly, Section 199 CrPC creates a specific bar. It mandates that the legal process can only be set in motion by a "complaint" (a petition filed directly before a Magistrate) and not by a police report (which follows an FIR).
- Furthermore, the complaint must be filed by the "aggrieved party," i.e., the person who has been defamed.
Therefore, the only way to initiate a prosecution for defamation is by the aggrieved person filing a private complaint before a Magistrate.
Step 4: Final Answer:
Prosecution for defamation can be initiated only On the complaint of the aggrieved party.