Sanction to Prosecute Public Servant Cannot Substitute Superior Officer's Report for PMLA Cognizance: P&H High Court

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Published 30 October 2026

Bottom Line Up Front (BLUF)

The Punjab and Haryana High Court held that a sanction to prosecute a public servant under the Prevention of Corruption Act cannot substitute the superior officer's report required by Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for taking cognizance under the Prevention of Money Laundering Act (PMLA). This report is a mandatory prerequisite.

Ratio Decidendi · Legal Principle Established

A sanction to prosecute a public servant under the Prevention of Corruption Act, 1988, is distinct from and cannot replace the mandatory report from a superior officer required by Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for taking cognizance of an offence under the Prevention of Money Laundering Act, 2002.

Practice & Procedural Impact for Advocates

Advocates must ensure that for PMLA cases involving public servants, the prosecution obtains and submits the specific superior officer's report under BNSS s.223(2), in addition to any sanction under the PC Act. Litigants should challenge PMLA cognizance if the BNSS s.223(2) report is absent, even if a PC Act sanction exists.

Key Legal Takeaways

1BNSS s.223(2) report is mandatory for PMLA cognizance against public servants.
2PC Act sanction is not a substitute for the BNSS s.223(2) report.
3The two requirements serve different purposes and are not interchangeable.

The Legal Issue

The Punjab and Haryana High Court addressed whether a sanction to prosecute a public servant under the Prevention of Corruption Act, 1988 (PC Act) can fulfill the requirement of a superior officer's report under Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for taking cognizance of an offence under the Prevention of Money Laundering Act, 2002 (PMLA). Section 223(2) of the BNSS (which corresponds to Section 197 of the Code of Criminal Procedure, 1973) mandates a report from a superior officer for prosecuting public servants for acts done in the discharge of official duty.

Court's Reasoning

The High Court clarified that the sanction required under the PC Act and the report from a superior officer under BNSS Section 223(2) are distinct legal requirements serving different purposes. A sanction under the PC Act pertains to the prosecution for corruption offences, while the report under BNSS Section 223(2) is a procedural safeguard for public servants regarding acts performed in their official capacity, specifically for the purpose of taking cognizance by a court. The Court emphasized that one cannot be a substitute for the other, and the requirement of the superior officer's report under BNSS Section 223(2) is a mandatory prerequisite for the court to take cognizance of an offence under the PMLA against a public servant.

What Follows

The ruling implies that in cases where public servants are accused under the PMLA, the prosecution must ensure that, in addition to any sanction obtained under the PC Act, a specific report from a superior officer as mandated by BNSS Section 223(2) is also presented to the court before cognizance can be taken. Failure to provide this report would render the taking of cognizance by the court invalid. Counsel must confirm whether the CrPC or BNSS applies based on the date of the proceeding.