Lokayukta courts cannot act on private complaints: Karnataka HC

July 31, 2013

The Karnataka High Court has clarified that the Special Lokayukta Courts in the State cannot entertain private complaints, alleging offences under Sections 7, 10, 11, 13 and 15 of the Prevention of Corruption (PC) Act unless the complaint is accompanied with the sanction for prosecution of public servants concerned under Section 19 (1) of the PC Act. The court further stated that the Special Lokayukta Courts had no jurisdiction in law even to take notice of such complaints if the complainant had not obtained sanction from the competent authority for prosecuting public servants against whom the allegations were made.

What did the Karnataka High Court say regarding the Special Courts established under PC Act?

The High Court stated that the Special Courts established under PC Act cannot even direct the Lokayukta police to conduct an investigation under Section 156 (3) of the Code of Criminal Procedure (Cr. PC) on the allegations made in the complaint without sanction. It pointed out that in the absence of sanction the complaint cannot be taken notice of. The requirement of sanction is a pre-requisite in respect of a private complaint filed under Section 200 of the Cr. PC in respect of a public servant who is alleged to have committed an offence in discharge of a public servant.

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