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)?

A The investigation is barred in all cases without prior approval for Joint Secretary level officers
B The investigation is barred unless both CVC and Central Government approve
C No such approval is necessary in trap cases involving arrest on the spot for accepting or attempting to accept gratification other than legal remuneration as per Section 7 Explanation (c) of the PC Act, 1988
D Approval is required, but can be obtained post facto within thirty days
E Approval is required only from the Director
Practice Next

Relevant for Exams:

Hey! Ask a query