Prevention of Corruption Act

Sec. 156: Police officers power to investigate cognizable cases:-

  • Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
  • No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
  • Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

Sec. 197: Prosecution of Judges and Public Servants:-

(3A) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of Article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.

(3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any sanction accorded by the State Government or any cognizance taken by a Court upon such sanction, during the period commending on the 20th day of August, 1991 and ending with the date immediately preceding  the date in which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause (1) of Article 356 of the Constitution was in force in the State, shall be valid and it shall be competent for the Central Government in such matter to accord sanction and for the Court to take cognizance thereon.

  • The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or Public Servant is to be conducted, and may specify Court before which the Trial is to be held.

Prevention of Corruption Act

Sec 19. Previous sanction necessary for prosecution. –

  • No Court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public srvant, except with previous sanction. [save as otherwise provided in the Lokpal and Lokayuktas Act, 2013]

 

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