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Section 18: Power of Lokayukta to grant sanction for initiating prosecution

The Himachal Pradesh Lokayukta Act, 2014State Act of Himachal Pradesh · Act 23 of 2015

(1)Without prejudice to the generality of the provisions contained in section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, the Lokayukta shall have the power to grant sanction for prosecution under clause (a) of sub-section (6) of section

15.

(2) No prosecution under sub-section (1) shall be initiated against any public servant accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, and no court shall take cognizance of such offence except with the previous sanction of the Lokayukta.

(3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding office in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such person has been specified therein.

(4) The provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution.

Where this provision sits

ActThe Himachal Pradesh Lokayukta Act, 2014
Section18
Marginal notePower of Lokayukta to grant sanction for initiating prosecution
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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