Section 19 of PCA : Section 19: Previous Sanction Necessary For Prosecution

Explanation using Example

Imagine a scenario where an officer working in the tax department of the Central Government is accused of accepting a bribe to reduce someone's tax liability. This is a potential offence under Section 7 of the Prevention of Corruption Act, 1988. Before the court can take cognizance of this offence, the prosecution must obtain previous sanction from the Central Government, as the officer is employed in connection with the affairs of the Union and cannot be removed without the Central Government's sanction (as per Section 19(1)(a)).

If a private citizen discovers this corrupt practice and wants to take the matter to court, they must first file a complaint with a competent court. If the court does not dismiss the complaint, the citizen must then seek the sanction for prosecution from the Central Government (as per the first proviso of Section 19(1)). The government is obliged to respond to this request for sanction within three months, with a possible one-month extension if legal consultation is needed (as per the third and fourth provisos of Section 19(1)).

Moreover, the accused public servant must be given an opportunity to be heard before the sanction is granted (as per the second proviso of Section 19(1)). This ensures fairness in the process of sanctioning prosecution against public servants.