• Urmi H Raval

It is a basic rule of judicial system that a plaintiff or complainant is to be given chance to prove his averment. In criminal cases the chance to prove his allegation is to be given to complainant or police. The chance to prove the allegations, though otherwise is a matter of right, is however subject to certain restrictions on the jurisdiction of criminal court itself i.e in other words even though the final report of the police or complainant may disclose prima facie commission of offence under any statute, yet the criminal court is debarred from proceeding with certain matters without a further condition being satisfied. The necessary requirement of sanction for prosecuting a public servant for any act done while performing his duty is not a novel concept developed by Indian legislators. The purpose for providing immunity to public servants or magistrates was to protect them from vexatious proceedings against them for discharging their duties. The whole idea of such protection was that the servants of Crown (then public servants) should not be troubled for complying with their duties provided to them by the Crown. The Criminal Procedure Code,1882 provided them protection only from criminal cases whereas the Government of India Act, 1935 provides protection to the servants of Crown from both civil and criminal cases.

Public servants, accountability, criminal prosecution, Sec-19 of prevention of corruption act, Article 21,

"Sanction for Prosecution : An analysis of basic underlying the labyrinth of judicial decissions", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 9, page no.b144-b213, September 2022, Available :http://www.jetir.org/papers/JETIRTHE2018.pdf

"Sanction for Prosecution : An analysis of basic underlying the labyrinth of judicial decissions", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 9, page no. ppb144-b213, September 2022, Available at : http://www.jetir.org/papers/JETIRTHE2018.pdf