What is the law relating to Prosecution for defamation against public servants in respect of their conduct in the discharge of their public functions?

Question: What is the law relating to Prosecution for defamation against public servants in respect of their conduct in the discharge of their public functions?

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Answer

Section 199 in the Code of Criminal Procedure, 1973 sets out the law relating to prosecution for defamation. The section relates to prosecution for defamation of persons in general [sub-section (1)], and of some named officials [sub-section (2)] in particular.

In the case of ordinary persons, the complaint should be made by the person aggrieved, not necessarily the person defamed. In the other class of cases, that is to say, in cases of high dignitaries where the defamation is in respect of conduct in the discharge of public functions, a Court of Session can take cognizance upon a complaint in writing by the Public Prosecutor.

The complaint should be made within a period of six months of the alleged commission of the offence. The Public Prosecutor can lodge such a complaint only with the previous sanction of the State or the Central Government. The complaint should give facts which constitute the offence, the nature of the offence and necessary particulars so that the accused gets sufficient notice of it. It is not necessary that besides the Public Prosecutor, the complaint should also be signed by the person aggrieved.

In order to fall within the purview of Section 199(2), it is not enough if a person is aggrieved by the commission of any offence included in Chapter XXI of IPC to be a public servant. He must also be a public servant employed in connection with the affairs of the State. Those conditions must be strictly fulfilled. The satisfaction of the requirements in Section 199(2) should be with reference to the position which the public servant at the relevant time of the commission of the alleged offence occupied.

In S Dasaratharami Reddi v. AH Dara, 1980 Cr LJ 377 (AP), where at the time of the publication of the defamatory article, the person aggrieved worked as a Block Development Officer, it was held that he was not a public servant connected with the affairs of the State and hence the requirements of sub-section (2) of section 199 were not applicable.

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