Supreme Court · 2019 INSC 1322 · Decided 5 December 2019
Station House Officer, CBI/ACB/BANGALORE v. B.A. Srinivasan and ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1322 · [2019] 14 S.C.R. 513
- Case number
- CRIMINAL APPEAL No. 1837/2019
- Decided
- 5 December 2019
- Bench
- UDAY UMESH LALIT, INDU MALHOTRA, KRISHNA MURARI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120B; CrPC Section 197; Prevention of Corruption Act Section 19, 13(1)(d), 13(2)
Headnote
Prevention of Corruption Act, 1947: s.19 - Requirement of sanction - Held: Sanction to prosecute public servant is not required if the public servant has already retired on the date of cognizance of the court - Thus, protection under s.19 is not available demitted his office or retired from service - Public servant. Code of Criminal Procedure, 1973: s.197 - Protection under s.197 is available to the public servants when an offence is said to have been committed 'while acting or purporting to act in discharge of their official
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