www.Aaptaxlaw.com
 
 
 

Is Previous sanction necessary for prosecution? What is Presumption where public servant accepts gratification other than legal remuneration? Section 19 and 20 of Prevention of Corruption Act 1988

Previous sanction necessary for prosecution and Presumption where public servant accepts gratification other than legal remuneration are defined under section 19 and 20 of Prevention of Corruption Act 1988. Provisions under these Sections are:

Section 19 of Prevention of Corruption Act "Previous sanction necessary for prosecution"

Section 19. (1) No court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction 12[save as otherwise provided in the Lokpal and Lokayuktas Act, 2013],-

(a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government;

(b) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;

(c) in the case of any other person, of the authority competent to remove him from his office.
 

 

(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-

(a) no finding, sentence or order passed by a special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby;

(b) no court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice;

(c) no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings.

(4) In determining under sub-section (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.

Explanation.-For the purposes of this section,-
(a) error includes competency of the authority to grant sanction;

(b) a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature.

Section 20 of Prevention of Corruption Act "Presumption where public servant accepts gratification other than legal remuneration"

Section 20. (1) Where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or clause (b) of sub-section (1) of section 13 it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself, or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7 or, as the case may be, without consideration or for a consideration which he knows to be inadequate.

(2) Where in any trial of an offence punishable under section 12 or under clause (b) of section 14, it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed, unless the contrary is proved, that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7, or, as the case may be, without consideration or for a consideration which he knows to be inadequate.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.

Prevention of Corruption Act 1988

Is Previous sanction necessary for prosecution? What is Presumption where public servant accepts gratification other than legal remuneration? Section 19 and 20 of Prevention of Corruption Act 1988

What is the meaning Accused person to be a competent witness? What is the meaning The Code of Criminal Procedure, 1973, to apply subject to certain modifications? Section 21 and 22 of Prevention of Corruption Act 1988

What is Particulars in a charge in relation to an offence under section 13(1)(c)? What is the meaning Statement by bribe giver not to subject him to prosecution? Section 23 and 24 of Prevention of Corruption Act 1988

What is the meaning Military, Naval and Air Force or other law not to be affected? What is the meaning Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act? Section 25 and 26 of Prevention of Corruption Act 1988

What is the meaning Appeal and revision? What is the meaning Act to be in addition to any other law? Section 27 and 28 of Prevention of Corruption Act 1988

What is the meaning Amendment of the Ordinance 38 of 1944? What is Repeal and saving? Section 29 and 30 of Prevention of Corruption Act 1988

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap