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.

Answer 2

The question asks how a prosecution for the offence of defamation can be validly initiated. Let's examine each of the given options against the procedural bar created by Section 199 of the Code of Criminal Procedure, 1973.

1. On the complaint of the aggrieved party: Section 199(1) CrPC creates a special bar for defamation cases: no court can take cognizance of the offence except upon a complaint made by the person aggrieved. This makes the aggrieved party's complaint the only recognised route, so this option correctly states the legal position.
2. On the basis of an F.I.R: An F.I.R. is registered by the police under Section 154 CrPC for cognizable offences, allowing them to investigate without a magistrate's prior sanction. Defamation under Section 499 IPC is a non-cognizable offence, so the police have no authority to register an F.I.R. and set the process in motion on their own information. This route is barred.
3. On the basis of a police report: A police report (chargesheet) under Section 173 CrPC follows a police investigation, which itself requires either a cognizable offence or a magistrate's order under Section 155(2) permitting investigation of a non-cognizable case. Since Section 199 specifically excludes any mode other than a private complaint, cognizance cannot be taken merely because a police report has been filed.
4. If it is a matter related to domestic affairs of a family: Section 199 draws no distinction based on whether the defamatory imputation concerns domestic, family, or any other matter. The nature of the relationship between the parties has no bearing on the procedural requirement of a complaint; this condition is not found anywhere in the section and is simply a distractor.

Since Section 199 CrPC restricts cognizance of defamation strictly to a complaint filed by the person aggrieved, and none of the alternative routes (F.I.R., police report, or a domestic-affairs exception) are legally available, the only correct route is a complaint by the aggrieved party.

Therefore, the correct answer is on the complaint of the aggrieved party.