Tilu is accused of defaming the Governor of the State of Bihar for assenting to a Bill passed by the…
A Court of Session may take cognizance directly on a written complaint by the Public Prosecutor because the alleged defamation concerns the Governor’s discharge of a public…
Choose your answer
Tilu is accused of defaming the Governor of the State of Bihar for assenting to a Bill passed by the Bihar legislature. Which of the following is the most accurate statement?
Answer and explanation
Correct answer C
A Court of Session may take cognizance directly on a written complaint by the Public Prosecutor because the alleged defamation concerns the Governor’s discharge of a public function. Section 222(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 199(2) CrPC) permits this special route without committal. It requires prior State Government sanction for a Governor and a complaint within six months; the Governor’s ordinary right to complain before a Magistrate also remains available.
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