State Of Punjab vs Partap Singh Verka 2024 INSC 483 – Prevention Of Corruption Act – Sanction – S 319 CrPC

Code Of Criminal Procedure, 1973; Section 319 – Prevention Of Corruption Act, 1988 ; Section 19- Courts cannot take cognizance against any public servant for offences committed under Sections 7,11,13 & 15 of the P.C. Act, even on an application under section 319 of the CrPC, without first following the requirements of Section 19 of the P.C Act. Here, the correct procedure should have been for the prosecution to obtain sanction under Section 19 of the P.C Act from the appropriate Government, before formally moving an application before the Court under Section 319 of CrPC. In fact, the Trial Court too should have insisted on the prior sanction, which it did not. In absence of the sanction the entire procedure remains flawed. (Para 11)

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