Section 237 CrPC: Special Defamation Trial Procedure and Section 260 BNSS

Updated: 18 October 2026 | Indian criminal procedure

Section 237 of the Code of Criminal Procedure, 1973 (CrPC) prescribed the special trial procedure for defamation cases instituted before a Court of Session under Section 199(2). Its corresponding provision is Section 260 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024. This article explains the procedure, safeguards, compensation, and appeal rights.

What does Section 237 CrPC mean?

Section 237 CrPC governs a special category of criminal defamation prosecution where a Court of Session takes cognizance on a complaint under Section 199(2) CrPC. Although the case is before a Sessions Court, the trial follows the procedure for warrant cases instituted otherwise than on a police report before a Magistrate. This differs from the ordinary Sessions trial procedure.

Corresponding current law: Section 260 BNSS

Section 260 BNSS is titled "Procedure in cases instituted under sub-section (2) of section 222". Section 222(2) BNSS concerns specified defamation prosecutions involving designated public functionaries in relation to their public functions. Section 260 carries forward the special trial procedure, with an important change to the statutory compensation ceiling.

Explanation of the eight statutory sub-sections

1. Mode of trial and prosecution witness

Under Section 237(1) CrPC, a Court of Session taking cognizance under Section 199(2) must follow the procedure applicable to warrant cases instituted otherwise than on a police report. The person allegedly defamed must ordinarily be examined as a prosecution witness, unless the Sessions Court directs otherwise and records its reasons. Section 260(1) BNSS follows the same approach with the updated reference to Section 222(2).

2. In-camera hearing

Sub-section (2) provides that the trial shall be held in camera if either party requests it or the court considers it appropriate. An in-camera hearing restricts ordinary public access to the courtroom during the proceeding.

3. Show-cause notice for baseless accusations

Under sub-section (3), where an accused is discharged or acquitted and the court considers that there was no reasonable cause for the accusation, it may call upon the person allegedly defamed to explain why compensation should not be paid. The statutory exception covers the President, Vice-President, Governor of a State and Administrator of a Union territory.

4. Compensation and recorded reasons

Sub-section (4) requires the court to record and consider the explanation and to give reasons for any compensation order. Section 237(4) CrPC capped compensation at Rs. 1,000; Section 260(4) BNSS increases the ceiling to Rs. 5,000. Compensation is discretionary, not automatic on acquittal.

5. Recovery of compensation

Under sub-section (5), compensation is recoverable in the same manner as a fine imposed by a Magistrate.

6. Other civil or criminal remedies

Sub-section (6) makes clear that the compensation order does not extinguish other applicable civil or criminal liability. Any compensation already paid under this provision must be taken into account when awarding compensation in a later civil suit concerning the same matter.

7. Appeal to the High Court

Under sub-section (7), a person ordered to pay compensation may appeal to the High Court against the compensation component of the order.

8. Payment withheld during appeal period

Sub-section (8) prevents payment to the accused until the appeal period expires or, where an appeal is filed, until that appeal is decided.

When is this special procedure applicable?

The procedure is not applicable to every criminal defamation complaint. It applies to the specific prosecution route in Section 199(2) CrPC or Section 222(2) BNSS, as applicable. Ordinary defamation complaints may follow a different procedural route. The precise statutory conditions, including the identity of the allegedly defamed public functionary and the connection with public duties, must be established.

Section 237 CrPC: Historical statutory text and effect

For reference, Section 237 CrPC consisted of eight sub-sections addressing: (1) the warrant-case trial procedure and witness requirement; (2) in-camera proceedings; (3) show-cause notice on a baseless accusation; (4) compensation up to Rs. 1,000; (5) recovery as a fine; (6) continuing civil or criminal liability and adjustment of later civil compensation; (7) appeal to the High Court; and (8) postponement of payment pending appeal. The full statutory wording is available from the official India Code portal.

Practical example

Suppose a special defamation complaint is brought before a Court of Session through the statutory public-prosecutor route. The court applies the prescribed warrant-case procedure and ordinarily examines the allegedly defamed person as a prosecution witness. If the accused is acquitted and the court finds there was no reasonable cause for the accusation, it may initiate the statutory show-cause process before deciding whether compensation is justified. The ceiling depends on which procedural law governs the case.

Frequently asked questions

Which BNSS section corresponds to Section 237 CrPC?

Section 260 BNSS corresponds to Section 237 CrPC and refers to prosecutions under Section 222(2) BNSS.

Can the Sessions Court order an in-camera trial?

Yes. Under sub-section (2), an in-camera trial is required if either party desires it or the court thinks fit.

What is the compensation limit under the new law?

Section 260(4) BNSS provides for compensation not exceeding Rs. 5,000, subject to the statutory findings and reasons. The earlier limit under Section 237(4) CrPC was Rs. 1,000.

Is compensation automatic after acquittal?

No. The court must find that the accusation lacked reasonable cause, provide an opportunity to show cause, and record reasons for its decision.

Official legislation and further reading

• India Code: Bharatiya Nagarik Suraksha Sanhita, 2023
• Bureau of Police Research and Development: BNSS statutory text (PDF)
• India Code: central legislation and historical CrPC text

This article is intended for general legal information. For a particular proceeding, check the applicable statutory text, transitional provisions, and binding judicial decisions.