Prevention of Corruption Act, 1988 – s. 19 – Previous sanction necessary for prosecution – On facts, the trial court summoned the respondent-public servant u/s 319 CrPC to face the trial for the offences u/s. 7/13(2) of the P C Act – High Court set aside the order of the trial court as sanction u/s. 19 was not sought – Correctness:
Held: Respondent is a ‘Public Servant’ as defined u/s. 2(c) of the P.C Act – Words and phrases used in s. 19(1) of the P.C Act itself make it evident that the provision is mandatory in nature – Courts cannot take cognizance against any public servant for offences committed u/ss. 7, 11, 13 and 15 of the P.C. Act, even on an application u/s. 319 CrPC, without first following the requirements of s. 19 – On facts, the correct procedure should have been for the prosecution to obtain sanction u/s. 19 from the appropriate Government, before formally moving an application before the Court u/s. 319 CrPC – In fact, the trial court too should have insisted on the prior sanction, which it did not – In absence of the sanction the entire procedure remains flawed – Thus, the impugned order passed by the High Court does not call for interference – ss. 7, 11, 13 and 15 – Code of Criminal Procedure, 1973 – s. 319. [Paras 7, 10, 11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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