Dear Sir,

The following information may kindly be read:

Parliament passed Prevention of Corruption (Amendment) Bill 2018 on July 24 to enhance transparency and accountability of the government but some of the provisions of the bill are drawing criticism on social media.

Let's check out what has changed since after the amendment to the Prevention of Corruption Act (PCA), 1988.

Provisions of the anti-corruption bill

The provisions can be divided into 5 categories:

1. Bribery (undue advantage defined as gratification other than legal remuneration)

Earlier, there were no specific provisions except as abetment but under the amendment giving a bribe is now an offence, punishable by a 7-year prison term except when one is forced to give a bribe. However, it should be reported within 7 days.

2. Criminal misconduct

Earlier, criminal misconduct used to cover offences including taking bribe habitually, getting anything free or at a concession, obtaining pecuniary advantage for oneself or for another without public interest.

Dear Client,

Sanction is not valid, neither sanctioning authority have to discuss with CBI or CVC. SA may either accept or reject by recording reason.  IF the new CA has different view than same shall be record in writing. DA report is not binding on CP and new CA can have it`s own view but where already another view on draft sanction is available under seal than pass from that view must be by analyzing previous CA order and than reason for having different view from it.

1. Only the issuing authority granting draft sanction can modify it or its higher authority if it is dealing with the case.

2. If one draft sanction is pending for approval another fresh draft sanction can not be issued and hence no order can be made upon it.

3. The fresh draft sanction would not be defective if its contents are identical with the earlier one and it gives reference to the first draft sanction.

4. In other words without seeing the both draft sanction no proper advice can be given on the merit of quashing case. 

draft sanction order of CBI cannot be modified without consultation with CBI 

quashing is to be done only in exceptional circumstances 

if draft sanction order has been modified without consultation with CBI you can file for quashing in HC 

It can  be challenged in high court but chances cannoot be guaranteed

Yes, and SA dose not require approval from any, wrongly advised by CVO. SA will either accept or reject by reasoned order.

It is not valid sanction and can be quashed by HC 

Sanctioning authority may modify the draft sanction  to CBI but as per latest supreme court verdict the sanctioning authority that denial of a timely decision on grant of sanction is a violation of due process of law (Right to equality before law read with Right to life and personal liberty).  The Court reiterated the three month time frame for granting sanctions.  It suggested that Parliament consider that in case the decision is not taken within three months, sanction would be deemed to be granted.  The prosecution would then be responsible for filing the charge sheet within 15 days of the expiry of this period. 

If aggrieved by the decision of the competent authority which has not taken care of the previous competent authority's decision to modify the draft sanction, you may better wait for the charge sheet to be filed by CBI after which you can obtain the previous draft sanction through RTI act and may apply for quash of charge sheet on that basis.

Filing a quash petition for quashing the sanction may not be entertained by high court.

You can raise the point it may be quashed 

Dear Client 

Yes the Sanctioning  Authority under PC Act 1988 can modify the draft sanction order of CBI without consultation of CBI. 

But if you want to challenge the sanctioning of draft then you can go ahead and challenge the sanction.