Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions

[198-B. Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions.-(1) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Ranbir Penal Code, 1989 2[* * *] is alleged to have been committed against the President or the Vice-President 3[or the Governor of the State, or of any other State in India] or a Minister, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence without the accused being committed to it for trial, upon a complaint in writing made by the public Prosecutor.

1. (2) Every such complaint shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.
2. (4) No complaint under Sub-section
3. (1) shall be made by the Public Prosecutor except with previous sanction,-
   • (a) in the case of the President or the Vice-President 2[or the Governor of the State or of any other State in India], of any Secretary to the Government authorized by him in this behalf;
   • (b) in the case of Minister of the 3[Government of India] or of a State Government, of the Secretary to the Council of Ministers, if any, or of any Secretary to the Government authorized in this behalf by the Government concerned;
   • (c) in the case of any other public servant employed in connection with the affairs of the Union or of a State, of the Government concerned.
4. (5) No Court of Session shall take cognizance of an offence under Sub-section (1), unless the complaint is made within six months from the date on which the offence is alleged to have been committed.
5. (6) When the Court of Session takes cognizance of an offence under Sub-section
6. (1) then, notwithstanding anything contained in this Code, the Court of Session shall try the case 1[according to] the procedure prescribed for the trial by Magistrates of warrant-cases instituted otherwise than on a police report and the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. 2[(5-a) Every trial under this section shall be held in camera if either party thereto so desires or if the Court of Session so thi9nks fit to do].
7. (7) If in any case instituted under this section, the Court of Session by which the case is heard discharges or acquits all or any of the accused, and is of opinion that he accusation against them or any of them was false and either frivolous or vexations, the Court of Session may, by its order os discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President,) 3[or the Governor of the State or of any other State in India] to show cause why he should not pay compensation to such accused or to each or any of such accused, where there are more than one.
8. (8) The Court of Session shall record ad consider any cause which may be shown by the person so directed and if it is satisfied that the accusation was false ad either frivolous or vexation it may, for reasons to be recorded direct that compensation to such amount, not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
9. (9) All compensations awarded under Sub-section (7) may be recovered as if it were a fine.
10. (10) No person who has been directed to pay compensation under Sub-section
11. (7) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: Provided that any amount to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
12. (11) The person who has been ordered under Sub-section (7) to pay compensation may appeal from the order, in so far as the order relates to the payment of the compensation, as fi he had been convicted in a trial held by the Court of Session.
13. (12) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under Sub-section (10), the compensation shall not be paid to him before the period allowed for the presentation* for the appeal has elapsed, or, if an appeal is presented before the appeal has been decided.
14. (13) The provisions of this section shall be in addition to, and not in derogation, those of section 198]. 1[(13) Where a case is instituted under this section for the trial of an offence, nothing in Sub- section
15. (12) shall be construed as requiring a complaint to be made also by the person aggrieved by such offence].