Mere Irregularity In Sanction Will Not Vitiate Conviction In Corruption Cases: SC [Read Judgment]

A mere error, omission or irregularity in sanction in corruption cases is not considered to be fatal unless it has resulted in a failure of justice or has been occasioned thereby, the Supreme Court has reiterated.

The bench of Justice Indu Malhotra and Justice Sanjiv Khanna observed thus while upholding the conviction of an accused under Sections 7 and 13 of the Prevention of Corruption Act.

One of the contention taken in the case [Vinod Kumar Garg vs. State] was that the investigation was not conducted by the police officer by the rank and status of the Deputy Superintendent of Police or equal.

While addressing this contention, the bench observed that while this lapse would be an irregularity and unless the irregularity has resulted in causing prejudice, the conviction will not be vitiated and bad in law. It also noted that there is no assertion made about any prejudice was caused and suffered because the investigation was conducted by the police officer of the rank of Inspector. The bench added:

"A mere error, omission or irregularity in sanction is not considered to be fatal unless it has resulted in a failure of justice or has been occasioned thereby. Section 19(1) of the Act is matter of procedure and does not go to the root of the jurisdiction and once the cognizance has been taken by the court under the Code, it cannot be said that an invalid police report is the foundation of jurisdiction of the court to take cognizance and for that matter the trial." 

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