(1) No Court shall take cognizance of an offence punishable under Chapter XIX
of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person
aggrieved by the offence:
Provided that where such person is under the age of eighteen years, or is having
intellectual disability requiring higher support needs or a person with mental illness, or is
from sickness or infirmity unable to make a complaint, or is a woman who, according to the
local customs and manners, ought not to be compelled to appear in public, some other
person may, with the leave of the Court, make a complaint on his or her behalf.
(2) Notwithstanding anything contained in this Sanhita, when any offence falling
under Chapter XIX of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed
against a person who, at the time of such commission, is the President of India, the
Vice-President of India, the Governor of a State, the Administrator of a Union territory or a
Minister of the Union or of a State or of a Union territory, 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 case being committed to it, upon a complaint in writing made by the
Public Prosecutor.
(3) Every complaint referred to in sub-section (2) 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.
(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except
with the previous sanction—
(a) of the State Government,—
(i) in the case of a person who is or has been the Governor of that State or
a Minister of that Government;
(ii) in the case of any other public servant employed in connection with
the affairs of the State;
(b) of the Central Government, in any other case.
(5) No Court of Session shall take cognizance of an offence under sub-section (2)
unless the complaint is made within six months from the date on which the offence is alleged
to have been committed.
(6) Nothing in this section shall affect the right of the person against whom the
offence is alleged to have been committed, to make a complaint in respect of that offence
before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance
of the offence upon such complaint.
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