Prior Sanction Not Needed in Cases Relating to Misappropriation of Funds

Posted inPrevention of Corruption ActNo Comments
Prior Sanction under Section 17A of the Prevention of Corruption Act, 1988 is required only where the alleged offence is relatable to any recommendation made or any decision taken, by the public servant in discharge of official functions or duties and in all other cases, prior approval is not required, observed Kerala High court in Mini M. v. State of Kerala and Another [2026:KER:36757].

Board of Directors is the Competent Authority to Sanction Prosecution of Cooperative Bank Employees

Posted inPrevention of Corruption Act, Sanction to Prosecute Govt Servant
In K.M. Philip v. State of Kerala, the High Court of Kerala adjudicated a key legal issue: whether the State Government is the competent authority to grant sanction for the prosecution of employees of a service cooperative bank registered under the Kerala Co-operative Societies Act, 1969.

Sanction under Section 17A of Prevention of Corruption Act

Posted inPrevention of Corruption Act, Sanction to Prosecute Govt Servant
In Shankara Bhat and Ors vs. State of Kerala and Ors., the Kerala High Court held that the protection afforded by Section 17A of the Prevention of Corruption Act, 1988 (PCA), is exclusively confined to offenses arising from a public servant's recommendations or decisions made in the discharge of their official duties.

Need for Sanction under Section 19 of the PCA for Court-Ordered Investigation

Posted inPrevention of Corruption Act, Sanction to Prosecute Govt Servant
The government sanction, under section 19 of the Prevention of Corruption Act (PCA), is a prerequisite for a court in ordering an investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) on a private complaint, against a public servant, the High Court of Kerala states in  C.V. Balan & Ors. v. State of Kerala & Ors.