Introduction
Section 260 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special procedure for cases instituted under sub-section (2) of Section 222.
Section 222(2) deals with prosecution for defamation of a public servant or certain public functionaries in respect of their conduct in the discharge of public functions. Section 260 lays down the procedure to be followed when such a case is instituted.
Meaning of Section 260
Section 260 provides that when a case is instituted under Section 222(2), the procedure prescribed for a warrant-case instituted otherwise than on a police report is to be followed by the Magistrate.
Thus, the provision connects a special category of defamation cases with the procedural framework applicable to warrant cases instituted otherwise than on a police report.
Object and Purpose
The main objectives of Section 260 are:
- To prescribe a specific procedure for cases under Section 222(2).
- To ensure that such cases are dealt with according to the procedure applicable to warrant cases instituted otherwise than on a police report.
- To provide a structured procedure for examination of the complaint, evidence and defence.
- To ensure procedural safeguards for both the complainant and accused.
Cases Covered
Section 260 applies to cases instituted under sub-section (2) of Section 222.
Section 222(2) concerns cases involving alleged defamation of:
- the President of India;
- the Vice-President of India;
- a Governor of a State;
- the Administrator of a Union Territory;
- a Minister of the Union or a State;
- or certain other public servants,
where the alleged offence relates to their conduct in the discharge of their public functions.
Procedure to Be Followed
The Magistrate follows the procedure applicable to a warrant-case instituted otherwise than on a police report.
This means that the proceedings follow the procedural framework applicable to such warrant cases, including the relevant provisions concerning:
- consideration of the case;
- discharge;
- framing of charge;
- recording of prosecution evidence;
- defence of the accused;
- arguments; and
- judgment.
Importance of Section 260
Section 260 is important because it does not create an entirely separate trial mechanism.
Instead, it directs the Court to apply an already established procedural framework to cases instituted under Section 222(2).
Therefore:
Section 222(2) → Special defamation case
Section 260 → Procedure applicable to warrant-case instituted otherwise than on police report
Example
Suppose a complaint is instituted alleging defamation of a public functionary concerning conduct in the discharge of public functions, and the case falls within Section 222(2).
The Magistrate does not follow the ordinary procedure applicable to a summons-case.
Instead, Section 260 requires the Magistrate to follow the procedure applicable to a warrant-case instituted otherwise than on a police report.
Relationship with Section 222
Section 222 — Prosecution for Defamation
Section 222 contains the rules concerning prosecution for defamation, including the special category of cases involving certain public functionaries.
Section 260 — Special Procedure
Section 260 prescribes the procedural route for cases instituted under Section 222(2).
Thus:
Section 222(2) → Identifies the special category of case
Section 260 → Prescribes the procedure for that case
Warrant-Case Instituted Otherwise Than on Police Report
A warrant-case is a case relating to an offence punishable with:
- death;
- imprisonment for life; or
- imprisonment for a term exceeding two years.
Where such a case is instituted otherwise than on a police report, the BNSS provides a specific procedure for its conduct.
Section 260 directs the Magistrate to use that procedural framework for cases falling under Section 222(2).
Key Point
The most important point to remember is:
Section 260 does not itself create a new offence.
It is a procedural provision that tells the Magistrate which procedure to follow in cases instituted under Section 222(2).
BNSS and CrPC
Section 260 of the BNSS corresponds to Section 237 of the Code of Criminal Procedure, 1973.
The provision continues the procedural approach under which cases involving the special category of defamation covered by the corresponding provision are dealt with according to the procedure applicable to warrant-cases instituted otherwise than on a police report.
Common Confusions
Does Section 260 define defamation?
No.
It only prescribes the procedure for a particular category of cases.
Which cases are covered?
Cases instituted under Section 222(2).
What procedure is followed?
The procedure applicable to a warrant-case instituted otherwise than on a police report.
Is Section 260 substantive or procedural?
It is primarily a procedural provision.
Does Section 260 itself provide for punishment?
No.
It only determines the procedure to be followed.
Topic at a Glance
- BNSS Section: 260
- Subject: Procedure in cases under Section 222(2)
- Nature: Procedural
- Court: Magistrate
- Cases covered: Cases instituted under Section 222(2)
- Procedure: Warrant-case instituted otherwise than on a police report
- Related provision: Section 222(2)
- Corresponding CrPC provision: Section 237
Quick Revision
- Section 260 deals with cases instituted under Section 222(2).
- Section 222(2) concerns a special category of defamation cases involving certain public functionaries.
- The Magistrate follows the procedure applicable to a warrant-case instituted otherwise than on a police report.
- Section 260 is a procedural provision.
- It does not create a separate offence or prescribe a separate punishment.
- Section 260 BNSS corresponds to Section 237 CrPC.
ALSO READ: Section 259 – Previous conviction
Conclusion
Section 260 of the BNSS provides the procedural framework for cases instituted under Section 222(2). Instead of creating a separate trial procedure, it directs the Magistrate to follow the procedure applicable to a warrant-case instituted otherwise than on a police report. This ensures a structured and consistent procedure for this special category of defamation proceedings.
