Section 19 of the Prevention of Corruption Act, 1988, says that “No court shall take cognizance of an offence punishable under Sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction…”.
Thus, there is a bar for taking cognizance by the court against a public servant for a corruption case punishable under above-mentioned sections of PC Act.
The above provision applies to all public servants. There is no exception for a probationer, i.e., a public servant who is still under probation. He is also a public servant (though under probation). Therefore, a sanction would be required by CBI for his prosecution for a corruption case of taking bribe, which is generally registered under Sections 7 and 13(2) of the PC Act.
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.
.
