Section 198B in The Code of Criminal Procedure, 1989 (1933 A. D.)
198B. [ Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions. [Existing section 198-A re-numbered as section 198-B and section 198-A inserted by Act XXVII of 1957.]
(1)Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Ranbir Penal Code, 1989 [* * *] is alleged to have been committed against the President or the Vice-President [or the Governor of the State, or of any other State in India] [Substituted by Act XX of 1967.] 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.(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.(3)No complaint under sub-section (1) shall be made by the Public Prosecutor except with the previous sanction,-(a)in the case of the President or the Vice-President [or the Governor of the State or of any other State in India] [Substituted by Act XX of 1967.], of any Secretary to the Government authorised by him in this behalf ;(b)in the case of Minister of the [Government of India] [Substituted by Act XX of 1967.] or of a State Government, of the Secretary to the Council of Ministers, if any, or of any Secretary to the Government authorised 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)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)When the Court of Session takes cognizance of an offence under sub-section (1) then, notwithstanding anything contained in this Code, the Court of Session shall try the case [according to] [Substituted by Act XXXVII of 1978, Section 31.] 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.[(5-a) Every trial under this section shall be held in camera if either party thereto so desires or if Court of Session so thinks fit to do] [Sub-section (5-a) inserted by Act XX of 1967.],(6)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 the accusation against them or any of them was false and either frivolous or vexatious, the Court of session may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President,) [or the Governor of the State or of any other State in India] [Substituted by Act XX of 1967.] 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.(7)The Court of Session shall record and consider any cause which may be shown by the person so directed and if it is satisfied that the accusation was false and 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.(8)All compensations awarded under sub-section (7) may be recovered as if it were a fine.(9)No person who has been directed to pay compensation under subsection (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 paid 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.(10)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 if he had been convicted in a trial held by the Court of Session.(11)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 of the appeal has elapsed, or, if an appeal is presented before the appeal has been decided.(12)The provisions of this section shall be in addition to, and not in derogation of, those of section 198.(13)[ Where a case is instituted under this section for the trial of an offence, nothing in sub-section (12) shall be construed as requiring a complaint to made also by the person aggrieved by such offence.] [Sub-section (13) inserted by Act XX of 1967.]
