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Consider the following statements regarding the requirement for sanction for prosecution of public servants in India:
1. Sanction for prosecution is mandated under Section 197 of the Code of Criminal Procedure (CrPC).
2. The Governor of a state has the discretion to grant sanction for prosecuting a Chief Minister, independent of the Council of Ministers' advice.
3. Recent amendments to the Prevention of Corruption Act (PCA) have made it necessary to obtain government approval even to initiate an investigation.
Which of the statements given above is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    1 and 3 Only
  • d)
    1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements regarding the requirement for sanct...
Statement 1: Correct. Sanction for prosecution is indeed mandated under Section 197 of the Code of Criminal Procedure (CrPC). This provision ensures that public servants are protected from malicious prosecution for actions performed in the course of their official duties.
Statement 2: Correct. The Governor of a state holds the discretionary power to grant sanction for prosecuting a Chief Minister. This discretion is upheld by the Supreme Court, which has emphasized that the Governor should use their judgment rather than strictly following the Council of Ministers' advice. This was notably highlighted in the A.R. Antulay case.
Statement 3: Correct. Recent amendments to the Prevention of Corruption Act (PCA) in 2018 have made it mandatory to obtain government approval before even initiating an investigation against a public official. This underscores the importance of the sanction process in protecting public servants from unwarranted legal actions.
Therefore, all three statements are correct.
Since all the statements (1, 2, and 3) are correct, the correct answer is Option D: 1, 2 and 3.
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Consider the following statements regarding the requirement for sanction for prosecution of public servants in India:1. Sanction for prosecution is mandated under Section 197 of the Code of Criminal Procedure (CrPC).2. The Governor of a state has the discretion to grant sanction for prosecuting a Chief Minister, independent of the Council of Ministers' advice.3. Recent amendments to the Prevention of Corruption Act (PCA) have made it necessary to obtain government approval even to initiate an investigation.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements regarding the requirement for sanction for prosecution of public servants in India:1. Sanction for prosecution is mandated under Section 197 of the Code of Criminal Procedure (CrPC).2. The Governor of a state has the discretion to grant sanction for prosecuting a Chief Minister, independent of the Council of Ministers' advice.3. Recent amendments to the Prevention of Corruption Act (PCA) have made it necessary to obtain government approval even to initiate an investigation.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding the requirement for sanction for prosecution of public servants in India:1. Sanction for prosecution is mandated under Section 197 of the Code of Criminal Procedure (CrPC).2. The Governor of a state has the discretion to grant sanction for prosecuting a Chief Minister, independent of the Council of Ministers' advice.3. Recent amendments to the Prevention of Corruption Act (PCA) have made it necessary to obtain government approval even to initiate an investigation.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding the requirement for sanction for prosecution of public servants in India:1. Sanction for prosecution is mandated under Section 197 of the Code of Criminal Procedure (CrPC).2. The Governor of a state has the discretion to grant sanction for prosecuting a Chief Minister, independent of the Council of Ministers' advice.3. Recent amendments to the Prevention of Corruption Act (PCA) have made it necessary to obtain government approval even to initiate an investigation.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?.
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