What is Prior Sanction for Prosecution?
Historical Background
Key Points
10 points- 1.
Section 19 of the Prevention of Corruption Act, 1988, as amended in 2018, mandates prior sanction for prosecuting public servants.
- 2.
The sanctioning authority is usually the government or the head of the organization where the public servant is employed.
- 3.
The sanctioning authority must examine the evidence and relevant documents before granting or denying sanction.
- 4.
The decision to grant or deny sanction must be based on objective criteria and not on political considerations.
- 5.
The Supreme Court has emphasized the importance of independent and impartial decision-making by the sanctioning authority.
- 6.
The lack of prior sanction can be a ground for quashing the prosecution.
- 7.
The provision aims to prevent malicious or vexatious prosecution of honest officers.
- 8.
Concerns exist that the provision may delay or obstruct the prosecution of corrupt officials.
- 9.
The sanctioning authority is expected to act within a reasonable timeframe.
- 10.
The provision does not apply in cases where the public servant is caught red-handed accepting a bribe.
Visual Insights
Prior Sanction Process
Flowchart illustrating the process of obtaining prior sanction for prosecuting a public servant under the Prevention of Corruption Act.
- 1.Allegation of corruption against public servant
- 2.Investigating agency gathers evidence
- 3.Request for prior sanction submitted to competent authority
- 4.Competent authority examines evidence and relevant documents
- 5.Sanction granted or denied?
- 6.If sanction granted: Prosecution proceeds
- 7.If sanction denied: Prosecution cannot proceed
- 8.Judicial review possible in case of arbitrary denial
Recent Developments
5 developmentsJudicial scrutiny of sanctioning decisions to ensure fairness and impartiality.
Debates on amending the provision to address concerns about its potential misuse.
Efforts to streamline the sanctioning process and reduce delays.
Increased awareness among public servants about their rights and protections.
Analysis of data on sanction requests to assess the effectiveness of the provision.