Sanction for prosecution of public servants
Also called: Section 218 of the BNSS, Section 197 of the CrPC · Topic: Civil Services: Role, Accountability and Reforms · NCERT: Beyond NCERT
Meaning
Sanction for prosecution means the government must give its approval before a court can take up a criminal case against a public servant for acts done while performing official duties. The rule is now in Section 218 of the BNSS (formerly Section 197 of the CrPC). For corruption cases, Section 19 of the Prevention of Corruption (PC) Act requires a similar sanction. The aim is to protect honest officers from false or revengeful cases. Critics say it can also shield corrupt officers through delay.
Example
In Subramanian Swamy v. Manmohan Singh (2012), the Supreme Court said the government must decide on a request for sanction within three months. This can be extended by one more month.
Don't confuse with
- Section 17A of the PC Act (2018): this needs approval even to start an inquiry into an officer's official decisions. Sanction under s.19 or BNSS s.218 is needed later, before a court can take up the case.
Related concepts
- Annual Performance Appraisal Report
- 360-degree appraisal
- Results Framework Document
- Premature retirement
- Red tapism