The Supreme Court (SC) ruled prior sanction mandatory to prosecute public servants
SC ruled that prior sanction is mandatory to prosecute public servants in money laundering cases, establishing a key procedural safeguard under the stringent Prevention of Money Laundering Act (PMLA) and adding a layer of accountability to PMLA prosecutions.
Key highlights of the Directorate of Enforcement Vs Bibhu Prasad Acharya case
- Supremacy of CrPC: The court asserted that the PMLA doesn't supersede the requirement for prior sanction under Section 197 of CrPC.
- The provision corresponds to Section 218 of the Bhartiya Nagrik Suraksha Sanhita, 2023, which has replaced the CrPC with effect from July 1, 2024
- Section 197 of CrPC: To protect the public servants from prosecutions & from being prosecuted for anything they do in the discharge of their duties.
- Exception: Protection is not unqualified & public servants can be prosecuted with a previous sanction from the appropriate government.
Provision towards protection of Civil Servants
- Articles 311 (1) and 311 (2): They provide Constitutional protection to Civil Servants
- Public Servants (Inquiries) Act, 1850: Ensures inquiries are conducted fairly and transparently, upholding principles of natural justice within public administration.
About PMLA, 2002
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