https://www.taxtmi.com/caselaws?id=301650 Prior sanction under Section 197 CrPC was not required to prosecute a retired public servant, because the accused had ceased to be a public servant when cognizance was taken. The settled position is that sanction is not needed for prosecution under the Prevention of Corruption Act in that situation. The same principle extended to the IPC charges under Sections 406, 409, 120B and 109, as criminal conspiracy and criminal breach of trust are not acts done in discharge of official duty, and adding Section 406 did not change the legal position. The prosecution could therefore proceed to trial. en-us Wed, 14 Jul 1999 00:00:00 +0530 Wed, 13 Apr 2022 13:02:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301650 Prior sanction under Section 197 CrPC was not required to prosecute a retired public servant, because the accused had ceased to be a public servant when cognizance was taken. The settled position is that sanction is not needed for prosecution under the Prevention of Corruption Act in that situation. The same principle extended to the IPC charges under Sections 406, 409, 120B and 109, as criminal conspiracy and criminal breach of trust are not acts done in discharge of official duty, and adding Section 406 did not change the legal position. The prosecution could therefore proceed to trial. Case-Laws Indian Laws Wed, 14 Jul 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301650