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Q130 (CISF/2022) Polity & Governance › Governance, Policies & Social Justice

To prosecute a public servant, prior sanction from the Central or State Government is necessary. The provision for previous sanction necessary for prosecution of public servant for offences punishable under Sections 7, 11, 13 and 15 of the Prevention of Corruption Act is mentioned under which one of the following Sections of the Prevention of Corruption Act, 1988 ?

Explanation

Section 19 of the Prevention of Corruption Act, 1988 specifically provides for the necessity of previous sanction for the prosecution of a public servant. It stipulates that no court shall take cognizance of an offence punishable under Sections 7, 11, 13, and 15 alleged to have been committed by a public servant, except with the previous sanction of the Central Government, the State Government, or the competent authority empowered to remove them from office.

This provision is intended to protect public servants from malicious or vexatious prosecution for acts performed in the discharge of their official duties. The Prevention of Corruption (Amendment) Act, 2018 further extended this protection to retired public servants. Other sections mentioned, such as Section 18A (attachment of property), Section 20 (presumption of guilt), and Section 22 (application of CrPC), deal with different procedural or substantive aspects of the law.

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