Vakil Help Desk News: the Allahabad High Court has held that the requirement of sanction to prosecute under the Prevention of Corruption Act is governed by the law as it stood on the date of the offence, not the date the court took cognizance.
Vakil Help Desk News, Litigation & Courts. The Allahabad High Court has held that when a public servant is prosecuted under the Prevention of Corruption Act, the question of sanction is decided by the law as it stood on the date of the offence — not the law in force when the court took cognizance.
The principle, in plain words
‘Sanction’ is the prior permission needed before a public servant can be prosecuted. The Prevention of Corruption Act has been amended over time, changing aspects of the sanction requirement. The Court held that the relevant date for deciding which sanction regime applies is when the alleged offence was committed, which gives certainty and avoids a later amendment changing the rules for conduct that is already past.
What this means for you
In corruption prosecutions, the applicable sanction regime is fixed at the date of the offence. This timing can be decisive in challenging or defending a prosecution. We advise on anti-corruption prosecutions, sanction and quashing petitions.