Sanction
Sanction to prosecute is a
pre-condition for initiation of a criminal proceeding against a public servant.
Absence of sanction from the appropriate authority vitiates the entire proceeding
and renders the conviction untenable-Prevention of Corruption Act, 1947 S 5(2)
Md. AB Hossain Vs. The State, 14BLD (HCD)102
Sanction
Sanction of the Goverment
for prosecu- tion of a public servant as required under sec- tion 6 of the Act
is intended to save innocent persons from unnecessary harassments by
unscrupulous officers-Anti Coruption Act, 1957 Section 6 AbulKhair Vs. The
State, 18BLD (HCD) 399
Sanction
When an offence is alleged
to have been committed by a public servant not in dis- charge of his official
duty, but as a private citizen and he is not charged under the provi- sion of
the Criminal Law Amendment Act, 1958, but under the Penal Code, he is not en-
titled to the protection under section 197 Cr.P.C. and as such no sanction is
necessary for his prosecution. Md. Abdul Awal and another Vs. The State,
18BLD(HCD)SSI
Sanction
Sanction of the Government
for prosecution for offences committed outside Bangladesh
When the letter of sanction
shows that the requirements of section 188 Cr.P.C. have, been duly fulfilled
and the satisfaction of the Government for prosecuting the accused is apparent,
such a sanction must be held to be valid. Dr.Taslima Nasreen Vs. The State, 15
BLD(HCD) 469
Sanction
For prosecuting a public
servant for an offence under the Criminal Law Amendment Act previous sanction
of the Government is essential under Section 6(5) of the Act if the concerned
public servant continues to be a public servant at the time of taking cogni-
zance of the offence Criminal Law Amendment Act, 1958, S.6(5) Fakir Md. Tariqul
Islam Vs. The State and others, 17BLD (HCD) 155 Ref: 6 DLR 152; 2 BCR 1982 (HCD)
4; 52 C.W.N. 567, AIR. 1939 (Sind) 148; 42 DLR (1990) 252-Cited
