Sanction for prosecution of public servant for corruption during probation

Tilak Marg Forum for Legal Questions Forums Criminal Law Sanction for prosecution of public servant for corruption during probation

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 5 months ago.

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  • #1315

    Anonymous
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    If a Government officer (who is under probation and is yet to be confirmed in service) is caught accepting bribe, is it necessary for the CBI to obtain sanction for his prosecution even in such case when he is only under probation?

  • #1316

    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.

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