Question

Prior sanction for prosecution is required according to PC Act when: 

A The accused is a serving public servant Correct Answer Incorrect Answer
B The accused is retired Correct Answer Incorrect Answer
C The offence involves DA alone Correct Answer Incorrect Answer
D The investigation has not yet begun Correct Answer Incorrect Answer
E Only when amount exceeds ₹50,000 Correct Answer Incorrect Answer

Solution

Section 19 of the PC Act mandates prior sanction for prosecution when the accused is a serving public servant. The purpose is to protect honest officials from vexatious litigation arising out of bona fide discharge of official duties. Once the public servant retires, this protection ceases, and no sanction is required. The requirement is unrelated to the amount involved or the stage of investigation.

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