PC Act | When Sanction Isn't Granted For Substantive Offence, Public Servant Can't Be Prosecuted Only For Conspiracy: Punjab & Haryana HC

Punjab & Haryana High Court ruled that a public servant prosecuted under the Prevention of Corruption Act but not granted sanction for the substantive offense cannot be prosecuted for criminal conspiracy (Section 120-B IPC). The court reasoned that if the necessary sanction to prosecute the public servant for the main corruption offense is absent, then prosecuting them for conspiracy related to the same offense is also not permissible. This ruling clarifies the interplay between the Prevention of Corruption Act and the Indian Penal Code in cases involving public servants.