PREVENTION OF THE CORRUPTION ACT ,1988 AND THE PROSECUTION SANCTION

Under section 19 of the prevention of the corruption act ,1988 it is necessary for the prosecuting authoritiy to have the previous sanction of the appropriate Administrative authoritiy for launching prosecution against a public servant.As such no court shall take cognizance of an offence punishable under section 7,10,11,13and 15 alleged to have been committed by a public servant, except with the previous sanction and in the case of a person who is employed in connection with the affairs of the union and is not removable from his office with the sanction of that govt. and in the case of a person who is employed in connection with the affairs of a state and is not removable from the office with the sanction of the state government of that state and in the case of any other person,of the authoritiy competent to remove him from his office. Where for any reason whatsoever any doubt arises whether the previous sanction as required under sub - section (1) should be given by the Central Government or State government or any other authoritiy, such sanction shall be given by the government or authoritiy which would have been Competent to remove the public servant from his office at the time when the offence was alleged to have been committed.The requirement of previous sanction is intended to afford a reasonable protection to the government servant,who in the course of strict and impartial discharge of his duties may offend persons and may face.