When Would The Private Complaint Against A Public Servant, Disclosing The Offences Under PC Act, 1988, Be Maintainable Before The Court Of Law And The Police?

A Case of Private Complaint, under Ss-223, 225, 227, read with Ss-175(3) of the BNSS, 2023, disclosing the commission of the offence of criminal misconduct under Ss-13(a) & (b) of the Prevention Of Corruption Act, 1988, against a public servant, could be legally maintained before the Court of competent jurisdiction only when the said court Complaint is accompanied by the “Prior Sanction” duly granted by the “Competent Authority.

The Complaint sans prior sanction shall be liable to be dismissed by the Courts of law, keeping in mind the mandate of law, as contained in S-19 of the Prevention Of Corruption Act, 1988 and Ss-210 and 218 of the BNSS, 2023.

The concerned Police is also precluded from carrying out any investigation under S-17A of the Prevention Of Corruption Act, 1988.

Legally speaking, the instant question law is not res-integra. The law on this issue stands well settled by the Hon’ble Supreme Court Of India in its Judgments, namely, Anil Kumar Vs. MK Aiyappa, (2013) 10 SCC 205.

The fact also remains, Anil Kumar (Supra) has been referred by the Hon’ble Supreme Court of India to a larger bench vide the following Judgments:

· Manju Surana Vs. Sunil Arora- Supreme Court Of India Judgment Dated- 27.03.2018- (2018) 5 SCC 557

· BS Yeddiyurappa Vs. A Alam Pasha- SLP (Crl.) No.520/2021- Supreme Court Of India Judgment Dated- 21.04.2021- Bench: JB Pardiwala & Manoj Mishra, JJ.

· Shamin Khan V. Debashish Chakrabarty- SLP (Crl.) No.3567-3568/2017- Supreme Court Of India Judgment Dated- 16.04.2024- Bench: CT Ravikumar & Rajesh Bindal, JJ.

· KM Abraham Vs. Jomon Puthenpurackal- Supreme Court Of India Judgment Dated-30.04.2025- By Dipankar Datta & Manmohan, JJ.

The fact further remains, until the above references are answered by the concerned Bench of the Hon’ble Supreme Court of India, the Judgment, Anil Kumar (Supra) holds the field as on the date.

The instant subject will not be complete if the Peri Materia provisions of on this question of law are not mentioned, which are as follows: Ss-156(3), 190, 197, 200, 202, 204 CrPC, 1973.