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Report No. 273

7. Previous sanction necessary for prosecution.

(1) No court shall take cognizance of an offence punishable under this Act, alleged to have been committed by a public servant while acting or purporting to act in the discharge of his official duty. except with the previous sanction of-

(a) in the case of a person, who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government by an officer in the rank of Secretary to the Government of India;

(b) in the case of a person, who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the Government, of that Government by an officer in the rank of Secretary to the State Government:

(c) in the case of any other person, the authority competent to remove him from his office:

Provided that the decision regarding the grant of sanction to prosecute the offending public servant shall be taken not later than three months from the date of application therefore, failing which the sanction to prosecute shall be deemed to have been granted:

Provided further that the sanction for prosecution shall not be refused by the Government or the competent authority, as the case may be, except for reasons to be recorded in writing.

(2) Any person aggrieved by the decision of the Government or the competent authority, as the case may be, under this section may prefer an appeal to the High Court within ninety days from the date of the decision in such form and manner and accompanied by such fees as may be prescribed.

(3) The High Court shall endeavour to dispose of the appeal as early as possible, preferably within a period of one year from the date of its filing.



Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back




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