Скачать или смотреть 📌 Section 19 of the Prevention of Corruption Act, 1988 – Explained |

In this comprehensive legal breakdown, Dr. Jinesh Soni (Defence Lawyer) explains Section 19 of the Prevention of Corruption Act (PC Act), 1988, which mandates that no court can take cognizance of certain corruption offences by public servants without prior sanction from the competent authority. This safeguard is designed to protect honest officers from harassment while still ensuring accountability in genuine corruption cases.

🔎 Key Highlights of this Video:

What is Section 19 PC Act? – requirement of prior sanction before prosecution.

Targeted Offences – applicability to offences under Sections 7, 11, 13, and 15.

Who Grants Sanction? – Central Government, State Government, or the competent removal authority.

Purpose of the Provision – balancing protection of honest officers with the need to prosecute corruption.

2018 Amendment – sanction required even for retired public servants for acts committed while in service.

Finality of Refusal – why a sanction once refused cannot simply be reissued on the same facts.

Fresh Material Requirement – when and how a new sanction can be sought.

Supreme Court Principles – key rulings such as State of Himachal Pradesh vs. Nishant Sareen on sanction validity.

Application of Mind – why sanction is not a formality but a serious safeguard requiring reasoned consideration.

Consequences of Invalid Sanction – how mechanically granted or absent sanction can result in quashing of proceedings.

⚖️ Why This Matters:

Section 19 is a sine qua non (essential condition) for initiating corruption proceedings against public servants. While it prevents frivolous, politically motivated cases, it also raises important debates about delays and hurdles in corruption investigations. This video provides an in-depth understanding for law students, professionals, and citizens concerned about accountability in governance.

👤 About the Speaker
Dr. Jinesh Soni
Defence Lawyer |
📞 Contact: +91-8209803279
📧 Email: [email protected]

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