Cr.P.C Section 198A

Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions.

(1) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Pakistan Penal Code (XLV of 1860) is alleged to have been committed against the President, the Prime Minister, a Federal Minister, Minister of State, Governor, Chief Minister or Provincial Minister or any public servant employed in connection with the affairs of the Federation or of a Province, in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the accused being committed to it for trial, upon a complaint in writing made by the Public Prosecutor.

(2) Every such complaint 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.

(3) No complaint under subsection (1) shall be made by the Public Prosecutor except with the previous sanction,__

• (a) in the case of the President or the Prime Minister or a Governor, of any Secretary to the Government authorised by him in this behalf;
• (b) in the case of a Federal Minister or Minister of State, Chief Minister or Provincial Minister, of any Secretary to the Government authorised in this behalf by the Government concerned;
• (c) in the case of any public servant employed in connection with the affairs of the Federation or of a Province, of the Government concerned.

(4) No Court of Session shall take cognizance of an offence under subsection (1), unless the complaint is made within six months from the date on which the offence is alleged to have been committed.

(5) When the Court of Session takes cognizance of an offence under subsection (1), then, notwithstanding anything contained in this Code, the Court of Session shall try the case without the aid of a jury or assessors and in trying the case shall follow the procedure prescribed for the trial by Magistrates of warrant cases instituted otherwise than on a police report.

(6) The provisions of this section shall be in addition to, and not in derogation of, those of section 198.]