Paid Advise

Prosecution sanctioned not in three months is it valid? 

Shivendra Pratap Singh

Advocate

08/07/2022

Reading Time:

Question: Prosecution sanction by competent authority is granted after lapse of stipulated period mandated and specified under Section 19 of the P. C. amendment act 2018. Prosecution sanctioned not in three months is it valid?  Whether the sanction is valid or invalid.? FIR No 03/2017 dt 27.2.2017. Final report dated 13.03.2019 for sanction is received by the sanctioning Authority on 30.04.2019. Mandated and specified period (including grace period) expired on 14.08.2019.

The PSO was ordered on 19.04.2021 and a copy of the same was served to the accused on 21.06.2021. Charge sheet is filed on 22.04.2022 in court of session. Court summons served on accused on 07.06.2022. The deemed sanction expires on 30.07.2019. Time limit to file charge sheet expired on 14.08.2019 as per the SC judgement in case Subramanian Swamy vs. Dr. Manmohan Singh & Another. Whether cognizance taken by court on delayed charge? Whether the PSO is valid? The PSO not following the stipulated period is invalid? 

Asked from: Karnataka

Section 19 of the P.C. Act which bars a Court from taking cognizance of cases of corruption against a public servant unless the Central or the State Government, has accorded sanction. 

There was no time limit for granting sanction prior to the amendment act 2018 coming into force. It is amended in pursuance of the guidelines issued by the Hon’ble Supreme Court in Dr. Subramanian Swamy vs. Dr. Manmohan Singh & Another [2012 Cri. L. J. 1519].

According to Section 19 of the Prevention of Corruption Act, the appropriate authority shall endeavour to convey the decision (sanction for prosecution) within three months from the date of receipt of proposal. 

According to sub-section 3 of Section 19 (P. C. Act) no sentence, finding or order shall not be reversed only on the ground of absence of, any error, omission or irregularity in the sanction unless the opinion of the court a failure of justice has been occasioned thereby. 

The Supreme Court in its judgement Dr. Subramanian Swamy [2012 Cri. L. J. 1519] mandated that “At the end of the extended period of time limit, if no decision is taken, sanction will be deemed to have been granted to the proposal for prosecution, and the prosecuting agency or the private complainant will proceed to file the charge-sheet/complaint in the Court to commence prosecution within 15 days of the expiry of the aforementioned time limit.”

You cannot challenge the validity of sanction on the ground that there is violation of provisions of Section 19 because it has been granted after the lapse of three months. Section 19 does not make it mandatory that in every case the appropriate authority must take its decision within the stipulated time period.

In P. P. Sharma vs State of Bihar [1992 Supp (1) SCC 222] the Supreme Court held that grant of sanction is an administrative act. 

Delay in granting sanction does not vitiate the trial. Sanction is valid if the appropriate authority has granted after due consideration. Hence, delay in granting sanction cannot be treated as a sole ground which has vitiated the proceeding. If there is any defect in granting sanction then you can challenge it before the trial court. 

In Nanjappa vs State of Karnataka [2015 AIR SCW 4432] the Supreme Court held that grant of proper sanction by a competent authority has been a sine quo non for taking cognisance of the offence. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can investigating officer send the document to FSL?

Question: Can investigating officer send the document to FSL? I am 75 years Retd ISRO scientist in Hyderabad.  Seeking your advice/suggestion/consultation on a small clarification. I had bought 1 Acr land  in 1997 and got it mutated in 2019. ROR is in my...

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CDR?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54