File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Sanction for Prosecution

The law obligates the competent Authority to apply it s mind to the facts and circumstances of the case before granting sanction. Before granting sanctioning authority was required to first ascertain the correct facts.

Like in the present case the correct amount of gratification, and then decide whether the sanction was given or not. But in the instant case, as noticed above, the Authority failed to apply his mind to ascertain the correct amount of illegal gratification to decide the question of sanction and failure on his part to ascertain this material facts was not a mere error or irregularity but is a serious omission on his part, amounting to illegality affection the validity of the sanction order. This illegality can not be synonymous with the term irregularity.

This illegality, in view of the Court, did occasion the failure of Justice within the meaning of section 465 of the Code. The decision of the Apex Court in Panda's case heavily relief on by the counsel for the State, was clearly distinguishable on facts . In that case apart from the fact that the nature of infirmity in the sanction, alleged by the convict was not indicated in the judgment, but the court has not only recorded a finding that there was nothing on record from which it can be said that the error or irregularity in the sanction had occasioned any failure of justice.

It has also noticed that objection regarding the validity of sanction was not raised before the trial court ,which as noted above, was not the case here. Thus, u/s 465 of the Code , does not come to rescue of the prosecution.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly