Section 19 of the Prevention of Corruption Act, 1988, as amended in 2018, mandates prior sanction for prosecuting public servants.

The sanctioning authority is usually the government or the head of the organization where the public servant is employed.

The sanctioning authority must examine the evidence and relevant documents before granting or denying sanction.

The decision to grant or deny sanction must be based on objective criteria and not on political considerations.

The Supreme Court has emphasized the importance of independent and impartial decision-making by the sanctioning authority.

The lack of prior sanction can be a ground for quashing the prosecution.

The provision aims to prevent malicious or vexatious prosecution of honest officers.

Concerns exist that the provision may delay or obstruct the prosecution of corrupt officials.

The sanctioning authority is expected to act within a reasonable timeframe.

The provision does not apply in cases where the public servant is caught red-handed accepting a bribe.

Section 19 of the Prevention of Corruption Act, 1988, as amended in 2018, mandates prior sanction for prosecuting public servants.

The sanctioning authority is usually the government or the head of the organization where the public servant is employed.

The sanctioning authority must examine the evidence and relevant documents before granting or denying sanction.

The decision to grant or deny sanction must be based on objective criteria and not on political considerations.

The Supreme Court has emphasized the importance of independent and impartial decision-making by the sanctioning authority.

The lack of prior sanction can be a ground for quashing the prosecution.

The provision aims to prevent malicious or vexatious prosecution of honest officers.

Concerns exist that the provision may delay or obstruct the prosecution of corrupt officials.

The sanctioning authority is expected to act within a reasonable timeframe.

The provision does not apply in cases where the public servant is caught red-handed accepting a bribe.