Prevention of Corruption Act, 1988 – Section 19 – Grant or Refusal of Sanction – Reconsideration/Review of Order Refusing Sanction – Power, Scope and Standard of Evaluation
A. No express power of review. Section 19 of the Act does not expressly provide for review or reconsideration by the sanctioning authority once it has exercised its power to grant or refuse sanction.
B. Review on the same material is impermissible. A mere change of opinion on the very same material cannot justify reviewing an earlier order refusing sanction. Reversing a refusal on unchanged material is arbitrary and unsustainable.
C. When review is permissible. An order refusing sanction may be reviewed only if the investigating agency collects fresh material that was not available earlier. The sanctioning authority must also apply its mind properly to that new material.
D. External pressure and extraneous dictates vitiate sanction. Sanction is a statutory safeguard. It protects honest public servants from frivolous, vexatious and unsubstantiated prosecution. The authority must decide independently, so political dictates, extraneous considerations or pressure from higher authorities (such as the Chief Minister's office) cannot influence the decision. A sanction obtained under such influence is vitiated by non-application of mind.
E. Standard of evaluation by the sanctioning authority. Suppose the sanctioning authority itself entertains reasonable doubts or suspicions about the demand of bribe, the trap, or the recovery of money. Then sanction ought to be declined. Where two views are reasonably possible on the material produced, the view favouring the officer must be preferred.
Held: A subsequent sanction granted after an earlier refusal, without fresh material and under external pressure, is unsustainable. The prosecution founded on it is liable to be quashed.
IN THE SUPREME COURT OF INDIA
Special Leave Petition (Crl.) No. 2951 of 2026
Decided On: 23.07.2026
State of Rajasthan and Ors. Vs. Dev Kant Meena
Hon'ble Judges/Coram:
J.B. Pardiwala and K. Vinod Chandran, JJ.
Citation: 2026 INSC 752,MANU/SC/0752/2026.
Print Page