Previous sanction not necessary for investigating and initiating prosecuting by Lokayukta in certain cases

General201463 sections15 chapters

Chapter VII PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION

Statutory text

(1) No sanction or approval of any authority shall be required by the Lokayukta for conducting investigation by any agency in respect of the cases investigated by such agency on the direction of the Lokayukta, under section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, as the case may be, for the purpose of making preliminary inquiry by the Inquiry Wing or investigation by any agency into any complaint against any public servant or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the Special Court under this Act.
(2) A Special Court may, notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, on filing of a charge sheet on completion of investigation, by the Lokayukta or any officer authorised by it in this behalf, take cognizance of offence committed by any public servant.
(3) Nothing contained in sub-sections
(1) and
(2) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such person has been specified therein.
(4) The provisions contained in sub-sections (1),
(2) and
(3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause
- (c) of clause
(3) of article 320 of the Constitution.

Study data processing for this section.

PDF: pending for this language.