Section 19 The Prevention of Corruption Act,
Section 19 – The Prevention of Corruption Act, 1988
(as amended by the Prevention of Corruption (Amendment) Act, 2018)
🔹 Section 19: Previous Sanction Necessary for Prosecution
📜 Bare Text Summary:
No court shall take cognizance of an offence punishable under Sections 7, 11, 13, and 15 alleged to have been committed by a public servant, except with previous sanction from:
(a) the Central Government, if the public servant is employed in connection with the affairs of the Union;
(b) the State Government, if the public servant is employed in connection with the affairs of a State;
(c) the authority competent to remove the public servant from office, in other cases.
🔍 Key Features of Section 19:
Mandatory Sanction for Prosecution
To prevent frivolous or malicious prosecution of public servants.
Acts as a legal safeguard for honest officers.
Applies to Which Offences?
Sanction is needed only for offences under Sections 7, 11, 13, and 15:
Section 7: Public servant taking gratification.
Section 11: Obtaining valuables without consideration.
Section 13: Criminal misconduct by a public servant.
Section 15: Attempt to commit such offences.
Who gives sanction?
Based on the employment of the accused: Central or State Government or appropriate authority.
Time Frame (as per 2018 Amendment):
The sanctioning authority must take a decision within 3 months, extendable by 1 month (with reasons in writing).
⚖️ Judicial Interpretation:
Vineet Narain v. Union of India (1998):
Supreme Court emphasized the need to prevent misuse of Section 19 to shield corrupt officials.
Subramanian Swamy v. Dr. Manmohan Singh & Another (2012):
SC held that undue delay in granting sanction can be challenged, and the right to file a complaint cannot be indefinitely postponed.
🚫 Effect of Invalid or No Sanction:
Under Section 19(3):
Even if there is an error or irregularity in sanction, the court may still proceed if no failure of justice has occurred.
📝 Purpose:
To strike a balance between:
Protecting honest public servants from harassment,
While ensuring that corrupt officials do not go unpunished.
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