Can I file private complaint in Prevention of Corruption Act against gov servant

Tilak Marg Forum for Legal Questions Forums Criminal Law Can I file private complaint in Prevention of Corruption Act against gov servant

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    • #1995
      Anonymous
      Guest

      Can a private person file a private complaint of corruption against a government servant under the Prevention of Corruption Act? If it can be filed then where should I file this?

    • #1999

      Yes, a citizen, i.e., a private person can file a private complaint in respect of a corruption offence. This was previously held by a Constitution bench of the Supreme Court in the case of A.R. Antulay v. R.S. Nayak, (1984) 2 SCC 500 : 1984 SCC (Cri) 277. It has now been reaffirmed by the Supreme Court in the recent case of Subramanian Swamy v. Manmohan Singh, (2012) 3 SCC 64, in which it was held that there is no provision either in the Prevention of Corruption Act, 1988 or Criminal Procedure Code which bars a citizen from filing a complaint for prosecution of a public servant who is alleged to have committed an offence.

      Such private complaint has to be filed in the court of Special Judge appointed under the provisions of the Prevention of Corruption Act, 1988.

      However, sanction for prosecution is needed under the provisions of Section 19 of the Prevention of Corruption Act before the court can take cognizance of any such offence. In view of this, the Supreme Court in the above case of Subramanian Swamy v. Manmohan Singh, held that in future every competent authority shall take appropriate action on the representation made by a citizen for sanction of the prosecution of a public servant strictly in accordance with the direction contained in Vineet Narain case [Vineet Narain v. Union of India, (1998) 1 SCC 226] and the CVC Sanction for Prosecution Guidelines, 2005. 

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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