No provision of 'Deemed Sanction' Under Section 197 CrPC : Supreme Court
The Hon’ble Supreme Court has held that the failure of the sanctioning authority to provide sanction within the stipulated time does not result in a 'deemed sanction' under Section 197 of the Code of Criminal Procedure, 1973. The judgment was delivered in the case of Suneeti Toteja vs. State of U.P. & Another by a bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma, while quashing criminal proceedings initiated against a public servant due to the lack of prior sanction.
No Concept of Deemed Sanction Under Section 197 CrPC
The Court categorically observed that Section 197 of CrPC does not envisage the concept of deemed sanction. Addressing the arguments put forth by the complainant and the prosecution, which relied on Vineet Narain vs. Union of India, AIR 1998 SC 889, and Subramanian Swamy vs. Manmohan Singh, (2012) 3 SCC 64, the bench clarified that neither of these judgments supported the notion that failure to grant sanction within a prescribed timeframe would amount to deemed sanction.
Distinguishing Vineet Narain’s case, the Court emphasized:
“A perusal of the said judgment reveals that it did not deal with Section 197 CrPC but rather focused on the investigation powers and procedures of the Central Bureau of Investigation and the Central Vigilance Commission. While it did underscore the importance of adhering to time limits for granting prosecution sanctions, it did not state that failure to do so would result in a deemed sanction.”
Similarly, addressing Subramanian Swamy’s case, the Court noted that the separate but concurring judgment by Justice GS Singhvi provided guidelines for Parliament’s consideration, including a provision that if no decision on sanction was made within the extended time limit, it should be deemed granted. However, the Court pointed out that such a provision had not been incorporated into the CrPC.
“Such a proposition has not yet been statutorily incorporated by Parliament, and in such a scenario, this Court cannot read such a mandate into the statute when it does not exist,” the Court stated.
Introduction of Deemed Sanction Under BNSS, 2023
While the CrPC does not recognize deemed sanction, the newly enacted Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) introduces this concept. Under the second proviso to Section 218(1) of BNSS, if the sanctioning authority fails to grant or refuse sanction within 120 days of receiving the request, the sanction shall be deemed to have been accorded. The relevant provision reads:
“Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government.”
Background of the Case
The ruling came in response to an appeal filed by a public servant who faced criminal charges despite the absence of prior sanction for prosecution. In the present case, the sanctioning authority had denied sanction, albeit beyond the stipulated time, due to the delayed receipt of the sanction request. The prosecution argued that since the sanction had not been granted within the prescribed period, it should be deemed to have been granted.
Rejecting this argument, the Court held that in the absence of a valid sanction, the appellant could not be prosecuted. The Court concluded:
“Therefore, we are of the opinion that the learned Magistrate was not right in taking cognizance of the offence against the appellant herein without there being a sanction for prosecution granted by the competent authority. Further, the High Court erred in not considering the fact that the sanction for prosecution was not granted by the competent authority under Section 197 of the CrPC and eventually the sanction was expressly denied by the competent authority with respect to the allegations against the appellant. The necessary sanction not having been granted has vitiated the very initiation of the criminal proceeding against the appellant herein. Consequently, the chargesheet, the summoning order and the consequent steps, if any, taken by the trial court pursuant to the same are liable to be quashed qua the appellant herein and are thus quashed.”
Conclusion
This judgment reaffirms the legal position that Section 197 CrPC does not incorporate the concept of deemed sanction, emphasizing the necessity of explicit sanction for prosecuting public servants. However, with the introduction of BNSS, 2023, the law now recognizes deemed sanction after 120 days, potentially altering the legal landscape in future cases involving prosecution of public officials.