PC Act | Sections 19(3) & (4) Irrelevant When Sanction Is Quashed By Trial Court Itself : Supreme Court

The Supreme Court recently clarified that the safeguards under Sections 19(3) and 19(4) of the Prevention of Corruption Act, 1988, which prevent a conviction from being set aside due to defects in sanction unless they result in a “failure of justice”, do not apply when the validity of the sanction is questioned at the trial stage. These protections operate only at the appellate or revisional stage, once the trial court has already taken cognizance based on the sanction, the court clarified.

A bench of Justices Vikram Nath and Sandeep Mehta heard the case, which involved a former RTO official who was discharged by the trial court on the grounds that the sanction to prosecute him was granted by the Transport Commissioner, who lacked the jurisdiction to do so as the appellant was appointed by the State Government.

Challenging the trial court's decision, the State moved to the Karnataka High Court, arguing that without proving a "failure of justice”, the sanction could not be invalidated because of the lack of competence of the sanctioning authority to grant the sanction. This position was based on Sections 19(3) and 19(4) of the PC Act, which saves the validity of a sanction from technical defects such as errors, omissions, or irregularity.

Aggrieved by the High Court's decision to set aside his discharge and reinstate the case against him, the Appellant moved to the Supreme Court.

Setting aside the High Court's decision, the judgment authored by Justice Mehta clarified the fundamental distinction between the powers of a trial court and those of an appellate or revisional court when examining the validity of a sanction. The Court held that when an accused questions the legality of the sanction order before the trial court, the trial court is required to determine whether the sanction was issued by a competent authority under Section 19(1) of the PC Act. A sanction granted by an authority lacking inherent competence is a nullity rather than a mere procedural irregularity, and in such a case, the accused must be discharged. Consequently, Sections 19(3) and 19(4) of the PC Act have no application at this stage.

In contrast, once the trial court has taken cognizance and proceeded to pass a conviction, any defect in the sanction is treated as an “error, omission or irregularity” within the meaning of Sections 19(3) and 19(4). Such defects cannot be used to overturn a conviction at the appellate or revisional stage unless they have resulted in a failure of justice.

The Court said that the provisions of Sections 19(3) and 19(4) of the PC Act offer protection only at the appellate or revisional stage, after the Special Court has taken cognizance and its order is under challenge. Since no such situation existed in the present case, the Court held that the safeguards under these provisions were not attracted.

"In our view, the Explanation to Section 19(4) would become relevant and come into play only when the question of validity or otherwise of the sanction is under scrutiny before the appellate or the revisional forum as provided in sub-Section (3) of Section 19.”, the court said, adding that “the Explanation below Section 19(4) is not germane to the controversy, for it operates only in situations where the finding, sentence, or order of the Special Judge on the aspect of sanction is under scanner before the appellate or revisional Court on the grounds specified therein. Thus, these decisions are of no assistance to the State and are distinguishable on facts.” [Refer Nanjappa v. State of Karnataka, (2015) 14 SCC 186.]

Background

The case stems from a 2012 trap where the Appellant was accused of demanding and accepting a bribe of ₹15,000 through an intermediary. The core legal battle revolved around Section 19 of the PC Act, which mandates that no court can take cognizance of offences against a public servant without prior sanction from the authority competent to remove them from office.

The appellant contended that his appointment was made by the State Government, and therefore, under Section 19(1)(b) of the PC Act, only the State Government could grant a valid sanction. The State, however, argued that the Transport Commissioner was the competent authority by virtue of a 2010 notification.

Another argument raised by the State, while referencing Sections 19(3) and 19(4) of the PC Act, was that an order of sanction should not be struck down on the ground of lack of competence unless it has resulted in a failure of justice.

Upon finding the divergence of opinion regarding the competent authority to grant a sanction, the judgment authored by Justice Mehta found that this was a "disputed factual scenario" that needed resolution. It set aside the High Court's finding, which had upheld the sanction's validity and sent the case back to the trial court for a fresh determination.

“we are of the considered opinion that, for a proper and effective resolution of the controversy, it would be expedient in the interest of justice to remit the matter to the trial Court for fresh adjudication on the limited issue regarding the actual appointing authority of the accused-appellant and the consequential bearing thereof on the validity of the sanction order.”, the court said.

Cause Title: T. MANJUNATH VERSUS THE STATE OF KARNATAKA AND ANR.

Citation : 2025 LiveLaw (SC) 1147

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Appearance:

For Petitioner(s) : Mr. Devadatt Kamat, Sr. Adv. Mr. Hruday Bajentri, Adv. Mr. Sahil Raveen, AOR

For Respondent(s) : Mr. Aman Panwar, A.A.G. Mr. Naveen Sharma, AOR Mrs. Swati Bhushan Sharma, Adv. Mr. S.k. Sharma, Adv. Mr. Abhinav Kumar, Adv. Mr. Manav Kaushik, Adv.