Amended Section 19 of the Prevention of Corruption Act Applies to Cognizance Stage, Mandates Prior Sanction
In a significant judgment, the Rajasthan High Court, presided over by Justice Kuldeep Mathur, has reaffirmed the necessity of obtaining previous prosecution sanction under the amended Section 19 of the Prevention of Corruption Act, 1988, before taking cognizance of corruption charges. The court dismissed a revision petition filed by the State of Rajasthan challenging the order of the Sessions Judge, Anti Corruption Cases, Bikaner, which directed the Anti Corruption Bureau to secure prior sanction against Bhagwan Singh, a former Sarpanch accused of corruption.
The case, rooted in FIR No. 266/2009, involved allegations against Bhagwan Singh and others under various sections of the Prevention of Corruption Act and the Indian Penal Code. Although the charge-sheet was filed before the Prevention of Corruption (Amendment) Act, 2018, came into effect, cognizance had not been taken until after the amendment's enforcement. The trial court insisted on compliance with the amended Section 19, which led the State to file a revision petition arguing against the retrospective application of the amendment.
Justice Mathur, after hearing both parties, emphasized that the statutory bar created by Section 19 operates at the stage of taking cognizance, not during investigation or charge-sheet filing. The court clarified that procedural amendments, which do not disrupt completed proceedings, apply prospectively, underscoring the legislature's intent for the amended provision to apply at the cognizance stage. Consequently, the court dismissed the petition, upholding the trial court's directive for obtaining sanction.
This judgment reinforces the legal framework ensuring public servants are prosecuted with due process, reflecting a commitment to combating corruption while safeguarding legal procedures.
Bottom line:-
Requirement of previous prosecution sanction under amended Section 19 of the Prevention of Corruption Act, 1988 is applicable at the stage of taking cognizance of the offence, even if the charge-sheet was filed prior to the amendment coming into force.
Statutory Provision(s):
Prevention of Corruption Act, 1988 - Section 19 (as amended by Act No.16 of 2018), Indian Penal Code - Sections 420, 467, 468, 471, 477A, 193, 197, 120B, Code of Criminal Procedure - Sections 397, 401, 173
State of Rajasthan v. Bhagwan Singh, (Rajasthan) : Law Finder Doc id # 2960868
