Can a Private Person Seek Sanction to Prosecute a Public Servant under Section 19?

The 2018 amendment expressly addresses a request for sanction made by a person other than a police officer or investigating agency. It creates screening conditions intended to prevent sanction proceedings from becoming a substitute for a legally cognisable complaint.

Preconditions

The person must have filed a complaint in a competent court and the court must not have dismissed it under the applicable complaint procedure. The court must direct the complainant to obtain sanction for further proceeding.

Hearing of the public servant

The sanctioning authority cannot accord sanction on such a private request without giving the concerned public servant an opportunity of being heard. This special hearing requirement applies to the statutory private-complainant route.

Time framework

Section 19 provides a three-month period for endeavouring to decide a sanction proposal, extendable by one month where legal consultation is required. Reasons for extension should be recorded.

Judicial role

The court should first determine whether the complaint contains sufficient material to invoke the sanction process. A direction to seek sanction is not a finding of guilt. The authority then independently considers the material and response.

The amended procedure preserves citizen complaints while filtering unsupported accusations through court scrutiny and an opportunity of hearing.

Sources

Prevention of Corruption Act, 1988, Section 19 provisos and explanation: https://indiacode.nic.in/bitstream/123456789/9317/1/corruptiona1988-49.pdf

Supreme Court of India, Subramanian Swamy v. Manmohan Singh, (2012) 3 SCC 64.

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