Question
Consider the following statements regarding sanction
requirement in PCA prosecutions: Statement 1: Sanction from the competent authority is mandatory before prosecuting a public servant. Statement 2: The sanction can be granted retroactively after investigation concludes. Statement 3: Sanction requirement applies to private persons abetting public servant corruption. Statement 4: Refusal of sanction is conclusive and prevents prosecution. Which statements are correct?Solution
Sanction is mandatory—Statement 1 is correct. Sanction can be granted retroactively—Statement 2 is correct. Sanction applies to both public servant and abettors—Statement 3 is correct. Refusal can be challenged—Statement 4 is incorrect. Statements 1, 2, and 3 are correct.
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