Critical Analysis On Prosecution Of Public Servants In India In The Light Of Prevention Of Corruption Act

Pragya Singh, BA LLB (Hons.), Law College Dehradun, Uttaranchal University

Prof. Dr. Manish Bharadwaj, Assistant Professor, Law College Dehradun, Uttaranchal University

ABSTRACT

Civil servants, another name given to public employees, are expected to exercise their roles in a neutral manner without any undue influence or bias. Consequently, the law is adequate in protecting public workers from any official duties or responsibilities as they report on duty. The war against corruption in India chiefly relieves upon prosecuting those in offices. The Prevention of Corruption Act (PC Act) has had profound influence in this combat. Nevertheless, these challenges exist during the process of getting the convictions as well. One serious barrier is that the trial of a servant (be he or she holds a senior position) must be approved by the government, stipulated in Section 19 of the PC Act,1988 and Section 197 of the Criminal Procedure Code (CrPC),1973. There are cases where this condition serves to shelter people who are found to have been involved in corruption. Although these framings are designed to protect servants from allegations. Yet, they can result in the stalling of the process, and they can be utilized by officials who are in authority to ensure permission. Despite such hindrances, the judiciary is an important stakeholder in the law interpretation process. Courts have pushed forward that the need for sanction shouldn't be a shield for activities while protecting legal officials and then, the authorities have developed procedures for obtaining approvals, controlled between shield and responsibility. It is necessary to concentrate on revamping the sanction system and improving the agencies that facilitate the prosecution of corrupt public officials and contribute to a more open and effective administration in India as well.

Keywords: Corruption, Prosecution, Sanction, Public Servants