Question
Case Scenario: A trap case under the Prevention of Corruption Act, 1988 is laid by DSPE officers against a Central Government Joint Secretary rank officer in a Union ministry. The officer is caught on the spot while accepting a bribe as “gratification other than legal remuneration” within the meaning of clause (c) of the Explanation to Section 7 of the PC Act, 1988. No prior approval of the Central Government is taken before laying the trap. Under the text of Section 6A as reproduced, which of the following best states the legal position under the DSPE Act itself (ignoring later constitutional developments)?
Solution
Section 6A(1) generally requires previous Central Government approval for DSPE inquiries into PC Act offences involving Central Government employees of Joint Secretary level and above and comparable officers in specified bodies, but Section 6A(2) carves out that “no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration” as referred to in clause (c) of the Explanation to Section 7 of the PC Act, 1988.​
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