Section 6 in The Prevention of Corruption Act, Svt. 2006 [Jammu and Kashmir]
6. Previous sanction necessary for prosecution
(1)No court shall take cognizance of an offence punishable under the provisions of this Act, alleged to have been committed by a public servant except with the previous sanction—(a)in the case of a person who is employed in connection with the affairs of the State and is not removable from his office save by or with the sanction of the Government;(b)in the case of any other person, of the authority competent to remove him from his office.Explanation. — Where for any reason whatsoever any doubt arises whether the previous sanction as required under sub-section (1) should be given by the Government or any other authority, such sanction shall be given by the Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed;(c)in the case of person who is or has been a member of the Council of Ministers other than the Chief Minister, of the Governor on the advice of the Chief Minister;(d)in the case of person who is or has been a Chief Minister, of the Governor;(e)in the case of a person who is or has been a member of either House of the State Legislature, of the Speaker of the Legislative Assembly or the Chairman of the Legislative Council as the case may be.(2)Where for any reason whatsoever any doubt arises whether the previous sanction as required under sub-section (1) should be given by the Government or any other authority, such sanction shall be given by the Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed;(3)Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989,-(a)no finding, sentence or order passed by a Special Judge shall be reserved or altered by a court in appeal, confirmation or revision on the ground of any error, omission or irregularities in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby;(b)no court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice;(c)no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any enquiry, trial, appeal or other proceedings.(4)In determining under sub-section (3) whether any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice, the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.Explanation: - For the purposes of this section,-(a)error includes competency of the authority to grant sanction;(b)a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature.
