Sanction

What is Sanction?

In legal terminology, **sanction** refers to the formal approval or authorisation granted by a competent authority, permitting the prosecution or legal proceedings against certain categories of persons — most notably **public servants**. Without this sanction, a court cannot take cognizance of the offence, and any proceedings initiated without it are void from the outset.

The requirement of sanction serves a dual purpose: it protects honest public servants from vexatious or politically motivated prosecutions, while ensuring that genuine cases of misconduct are not shielded from accountability. It acts as a filter, placing the initial decision about whether a prosecution is warranted in the hands of the appointing or controlling authority.

Legal Framework

The requirement of sanction for prosecution arises under several statutes.

Key Legal Provisions

- **Section 197 CrPC (Section 218 BNSS):** No court shall take cognizance of any offence alleged to have been committed by a public servant while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Central Government (for Union employees) or the State Government (for state employees). For Judges, the sanction must come from the government concerned.

- **Section 19 of the Prevention of Corruption Act, 1988:** No court shall take cognizance of an offence under this Act (bribery, criminal misconduct by public servants) without the previous sanction of the authority competent to remove the accused from office.

- **Section 170 of the Companies Act, 2013:** Sanction of certain authorities may be required for prosecution of specific corporate offences.

- **Section 196 CrPC (Section 217 BNSS):** Requires sanction of the Central or State Government for prosecution of offences under Sections 153A, 295A IPC (promoting enmity between groups, deliberate acts to outrage religious feelings), among others.

Who Grants Sanction?

The sanctioning authority depends on the status of the accused:

- **Central government employees:** Sanction is granted by the Central Government.

- **State government employees:** Sanction is granted by the State Government.

- **Municipal and local body employees:** Sanction is granted by the relevant local authority or the State Government.

- **Judges and Magistrates:** Sanction of the respective government is required, in consultation with the High Court in some cases.

When Does This Term Matter?

Before Filing Criminal Cases Against Government Officials

If a citizen wishes to file a criminal complaint against a police officer, tax official, or any public servant for acts done in the course of duty, the sanction requirement becomes a threshold issue. The court must satisfy itself that valid sanction exists before proceeding.

Connection to Official Duty

The Supreme Court has clarified that Section 197 CrPC applies only when the alleged offence has a **reasonable connection** with the discharge of official duty. If the act is entirely unrelated to official functions, no sanction is needed.

- **Matajog Dobey v. H.C. Bhari (1956):** The Supreme Court held that the test is whether the act is reasonably connected with the discharge of official duty, not whether it was strictly in the discharge of duty.

- **Devinder Singh v. State of Punjab (2016):** A Constitution Bench held that the protection under Section 197 is not available if the public servant's act is not connected to official duty. The court must make a preliminary assessment of the nexus.

- **Subramanian Swamy v. Manmohan Singh (2012):** The Supreme Court held that delay in granting or refusing sanction under the Prevention of Corruption Act frustrates the objective of anti-corruption law and directed that sanction must be decided within three months.

Validity of Sanction

A valid sanction must:

1. Be granted by the **competent authority** — sanction by an unauthorised person is void.

2. Be based on an **application of mind** to the facts and material of the case.

3. Identify the **specific offence** for which prosecution is sanctioned.

4. Be granted **before** the court takes cognizance. Subsequent ratification does not cure the defect, though the Supreme Court has permitted some flexibility in this regard.

Practical Significance

- **Proceedings without sanction are void:** If a court takes cognizance without proper sanction where required, the entire proceedings are a nullity — even a conviction can be set aside.

- **Can be raised at any stage:** The objection of want of sanction can be raised at any point during the trial, including in appeal.

- **Time limits:** Under the Prevention of Corruption Act (as amended in 2018), the sanctioning authority must decide within four months, failing which sanction is deemed to have been granted.

- **Judicial review:** A refusal to grant sanction can be challenged before the High Court under Article 226 if it is arbitrary or based on extraneous considerations.

Frequently Asked Questions

What happens if a case is filed against a public servant without obtaining sanction?

The court cannot take cognizance of the offence. If cognizance is taken without sanction, the entire proceedings are void and liable to be quashed. The accused can raise this objection at any stage, including in appeal. However, sanction is not needed if the act has no nexus with official duty.

Is sanction required for all offences committed by public servants?

No. Sanction under Section 197 CrPC is required only for offences committed while the public servant was acting or purporting to act in the discharge of official duty. For private acts — such as a personal altercation or a property fraud unrelated to office — no sanction is needed.

Can a court examine whether proper sanction was granted?

Yes. The court has the power and duty to examine the validity of the sanction. It must check whether the sanctioning authority was competent, whether the authority applied its mind to the facts, and whether the sanction specifically covers the offence in question. A mechanical or perfunctory sanction may be held invalid.