Previous sanction requirement under corruption law bars summoning an additional accused without person-specific approval.

Previous sanction under Section 19 of the Prevention of Corruption Act, 1988 is a condition precedent for cognizance against a particular public servant, and that protection cannot be satisfied by sanction granted for another accused. The special statutory bar overrides the general powers under Sections 190 and 319 of the Code of Criminal Procedure, 1973, so a person not previously sanctioned cannot be summoned as an additional accused in a corruption prosecution. The challenge to the High Court order therefore succeeded.

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Issues: Whether, in a prosecution under the Prevention of Corruption Act, 1988, a person against whom no previous sanction had been granted could be summoned as an additional accused under Section 319 of the Code of Criminal Procedure, 1973.

Analysis: Section 19 of the Prevention of Corruption Act, 1988 creates a complete bar on the Court taking cognizance of offences under Sections 7, 10, 11, 13 and 15 unless previous sanction is obtained from the competent authority in respect of the particular public servant sought to be prosecuted. The sanction requirement is person-specific and cannot be satisfied by sanction granted only for another accused. The general principle that cognizance is taken of an offence and not merely of the offender, as applied in ordinary criminal procedure, cannot override the special statutory protection built into the Prevention of Corruption Act, 1988. The special law prevails over the general powers under Sections 190 and 319 of the Code of Criminal Procedure, 1973.

Conclusion: The additional accused could not be summoned under Section 319 of the Code of Criminal Procedure, 1973 in the absence of prior sanction under Section 19 of the Prevention of Corruption Act, 1988, and the challenge to the High Court's order succeeded.

Ratio Decidendi: In a prosecution under the Prevention of Corruption Act, 1988, previous sanction under Section 19 is a condition precedent to cognizance qua the particular public servant, and the special statutory bar overrides the general power to summon an accused under Section 319 of the Code of Criminal Procedure, 1973.

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