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Suggestions to amend in Section 197 of Criminal Procedure Code
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After omission of Existing Clause (4) NEW CLAUSE (4) shall be inserted

NEW CLAUSE (4) The Central Government or State Government as the case may be, shall

grant or refuse the previous / according sanction within six months from the date of original application for sanction, otherwise the same shall be deemed to be granted / accorded.

CLAUSE (5)        The Prosecution proceeding against the Prime Minister of India, Chief Minister of a State, Public Servant holding Post of Secretary rank in the Central or State Government service, any Judge or Magistrate Posted at any District within territory of India shall be filed before Supreme Court.

CLAUSE (6)        The Prosecution proceeding against any Minister of a State, and / or Public Servant All-India service (IAS, IPS, and ALLIED Services) except those referred under Clause (5) shall be filed before a High Court having Local Jurisdiction in the matter.

CLAUSE (7)        The Prosecution proceeding against any Public Servant except those referred under Clause (5) and (6) shall be filed before a Court of District Session Judge, having Local Jurisdiction in the matter.

CLAUSE (8)        Filling Court, after ex-party Prima facie satisfaction (of) complaint, shall transfer the prosecution proceeding for trial and adjudication to any of its sub-ordinate Court(s)

CLAUSE (9)        Filling Court, for its ex-party Prima facie satisfaction can call for any record from any authority.

 

The provisions of Section 19 of the Prevention of Corruption Act, 1988 shall be amended accordingly.

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