Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Where it was no duty of a public servant to commit a criminal act, which is indeed the act complained of, want of sanction u/s 197(1) Cr.P.C. was no bar to prosecution...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Question as to whether act complained of is done in performance of duty, is to be determined by the competent authority, and not by the Court - Legislature has conferred "absolute power" on the statutory authority to accord sanction or withhold the..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - MP's and MLAs - If a Govt. servant otherwise than a people's representative serves different departments at different times and ultimately at the time of taking cognizance, if he was not holding public office, then `order of sanction' to prosecute is not necessary - However, in the instant case,..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - MPs and MLAs - Public servant - MPs and MLAs are public servant for the purpose of Act...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Requirement - When there is an authority competent to remove a public servant, in that event prior to filing of a private compliant or charge sheet by police to Court, it is an absolute legal requirement that complaint or charge sheet, as the case may be should be accompanied by a sanction order...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Error, omission or irregularity - Sentence or order not to be reversed merely for this reason unless in the opinion of Court, a failure of justice has in fact been occasioned thereby...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While discharging official duties, if a public servant enters into a criminal conspiracy or indulges in criminal misconduct, such misdemeanor on his part is not to be treated as an act in discharge of his official duties and therefore provisions of S.197 Cr.P.C. will not be attracted...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction u/s 19 of Act is only required in case of a person who is employed in connection with the affairs of State Government and is not removable from his office save by or with the sanction of State Government, of that government and not otherwise - It is not intended to protect all categories..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Prosecution of ASI of police - Punishing authority of ASI is Superintendent of police and not the State Government - Sanction for prosecution u/s 19 of Act not required...........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - Neither the original file containing relevant papers produced before Court nor sanctioning authority examined as a witness - It is not clear whether sanctioning authority had applied its mind to the materials on record before passing the sanction order - It appears to be a..........
