Central Bureau Of Investigation vs Jagat Ram 2024 INSC 952 – S 19 Prevention Of Corruption Act – Sanction

Prevention of Corruption Act – Section 19 – Under sub-section 3(a) of Section 19, no finding, sentence or order by a Special Judge shall be reversed by a court of appeal on the ground of absence, error, omission or irregularity in the sanction- However, such a restraint against reversal or alteration is always subject to the opinion of the court that failure of justice has in fact been occasioned thereby. Sub-section (4) of Section 19 further provides that while construing whether the absence, error, omission or irregularity has occasioned or resulted in failure of justice, the court will examine the fact that whether an objection could and should have been raised at an earlier stage in the proceedings-The meaning behind the text of the phrase ‘failure of justice’ must be understood in the context of the object behind the larger public policy on sanction for prosecution-The substantial principle of requiring a sanction for prosecution and at the same time the principle in not negating the sentence or order of a court of competent jurisdiction are both incorporated in the Prevention of Corruption Act and the Criminal Procedure Code. The Court balances these values by the measure of whether failure of justice has in fact been occasioned.