Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Prior sanction for prosecution required for judges and protected public servants; government may direct sanction, prosecution and trial forum. Prior sanction is required before Courts take cognizance of offences allegedly committed by Judges, Magistrates or public servants removable only with Government sanction while acting in official duty, distinguishing Union and State employment and substituting the Central Government during a proclamation under article 356; Governments must decide on sanction within a prescribed period or it is deemed granted, and certain statutory offences are exempted from sanction. The Central Government must sanction prosecutions of members of the Armed Forces acting in official duty, though States may notify specified categories; prosecutions during article 356 proclamations still require Central sanction, and Governments may determine the prosecutor, mode and trial court.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Prior sanction for prosecution required for judges and protected public servants; government may direct sanction, prosecution and trial forum.
Prior sanction is required before Courts take cognizance of offences allegedly committed by Judges, Magistrates or public servants removable only with Government sanction while acting in official duty, distinguishing Union and State employment and substituting the Central Government during a proclamation under article 356; Governments must decide on sanction within a prescribed period or it is deemed granted, and certain statutory offences are exempted from sanction. The Central Government must sanction prosecutions of members of the Armed Forces acting in official duty, though States may notify specified categories; prosecutions during article 356 proclamations still require Central sanction, and Governments may determine the prosecutor, mode and trial court.
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