ValkyaEditorial

Tagged “sanction-for-prosecution”

1 article on sanction-for-prosecution.

Supreme CourtSupreme Court of India

Vijay Rajmohan v. State (CBI): the s.19 sanction time-limit is mandatory, but delay does not quash the prosecution

On 11 October 2022 a two-judge Bench of the Supreme Court answered two questions on the sanction to prosecute a public servant under Section 19 of the Prevention of Corruption Act 1988. It held that the three-month period for deciding a sanction request — extendable by one month where legal consultation is required — is mandatory, yet that a failure to sanction in time does not vitiate or quash the prosecution. The consequence of delay is the accountability of the defaulting officer, subject to judicial review and CVC action, not the acquittal of the accused.

Valkya Editorial··8 min