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    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 Correct Answer Incorrect Answer
    B The investigation is barred unless both CVC and Central Government approve Correct Answer Incorrect Answer
    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 Correct Answer Incorrect Answer
    D Approval is required, but can be obtained post facto within thirty days Correct Answer Incorrect Answer
    E Approval is required only from the Director Correct Answer Incorrect Answer

    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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