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Prosecution for the offence of defamation can be initiated only

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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.
Updated On: Jul 13, 2026
  • On the complaint of the aggrieved party
  • On the basis of an F.I.R
  • On the basis of a police report
  • If it is a matter related to domestic affairs of a family
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The Correct Option is A

Approach Solution - 1

Defamation under Section 499 IPC is classified as a non-cognizable offence, which controls how a court may take cognizance of it.

  1. On the complaint of the aggrieved party: For non-cognizable offences generally, and for defamation specifically under Section 199 CrPC, the law requires a private complaint before a magistrate, filed by the person who has actually suffered the harm. This matches the statutory scheme exactly.
  2. On the basis of an F.I.R: F.I.R.s trigger police investigation only for cognizable offences; defamation being non-cognizable, this route does not apply here.
  3. On the basis of a police report: A police report presupposes a completed police investigation, which itself is unavailable for defamation without special magisterial permission that Section 199 does not treat as a substitute for a complaint.
  4. Domestic affairs of a family: This is not a recognised classification anywhere in criminal procedure and has no bearing on who may set the process in motion.

Matching the offence's non-cognizable character to the specific procedural bar in Section 199 CrPC confirms that the correct answer is on the complaint of the aggrieved party.

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Approach Solution -2

Beyond the bare text of the statute, the reasoning behind this rule helps confirm the correct option. Defamation protects a person's individual reputation, and the law is designed to let that person, and only that person, control whether the matter is aired in court.

  1. On the complaint of the aggrieved party: Because reputation is a personal interest, the legislature deliberately kept the police out of defamation proceedings and vested the choice to prosecute solely in the person whose reputation was harmed. This is precisely why a personal complaint is mandated.
  2. On the basis of an F.I.R: Allowing an F.I.R. would let the police initiate proceedings even without the aggrieved person's consent, defeating the purpose of keeping control of the prosecution in the victim's hands. This is why the law does not permit this route.
  3. On the basis of a police report: A police report would similarly bypass the victim's discretion, since it results from an investigation the victim may not have wanted. Permitting this would undercut the very safeguard Section 199 is meant to provide.
  4. Domestic affairs of a family: There is no rational basis to make the procedural mode contingent on whether the defamation is a family matter; the safeguard applies uniformly to every aggrieved person regardless of context.

The underlying rationale, that only the person actually harmed should decide whether to invoke the criminal process, aligns with only one of the given options.

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

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