Question
Consider the following statements regarding procedural
safeguards under PCA, 1988: Statement 1: A public servant cannot be arrested without prior sanction from competent authority. Statement 2: The sanction requirement applies to all public servants equally. Statement 3: Police can conduct preliminary investigation without sanction, but prosecution requires sanction. Statement 4: Absence of sanction makes the prosecution void. Which statements are correct?Solution
Section 19 requires sanction for prosecution—Statement 1 is correct. Sanction applies differently to different categories—Statement 2 is incorrect. Preliminary investigation can proceed without sanction—Statement 3 is correct. Non-sanction vitiates prosecution—Statement 4 is correct. Statements 1, 3, and 4 are correct.
Fill in the blanks with appropriate words/phrases from the options.
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