Question
Read the following statements thoroughly: 1.
Sanction is required to prosecute serving public servants. 2. Sanction is not required after retirement. 3. Absence of sanction automatically voids all proceedings. Which are correct according to the PC Act?Solution
Under Section 19 of the Prevention of Corruption Act, prior sanction for prosecution is mandatory when the accused is a serving public servant, as the provision aims to protect honest officials from vexatious or frivolous prosecution arising out of bona fide discharge of official duties. Once the public servant retires, this statutory protection ceases to operate, and no sanction is required. However, absence of sanction does not automatically void all proceedings; courts examine whether failure of justice has occurred. Therefore, only statements 1 and 2 are correct.
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