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No sanction required under BNSS to prosecute public servants for disproportionate assets, rules Madras High Court
Image source: thehindu.com

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No sanction required under BNSS to prosecute public servants for disproportionate assets, rules Madras High Court

The Madras High Court ruled that no prior sanction is required under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to prosecute public servants in disproportionate assets cases. Justice V. Lakshminarayanan refused to discharge former DMK Minister M.R.K. Panneerselvam and his family members in a DA case. This clarifies the scope of sanction provisions under the new criminal law, replacing CrPC provisions, and is significant for understanding BNSS application to corruption cases.

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Key points

Exam-ready takeaways

Madras High Court ruled that prior sanction under BNSS is not required to prosecute public servants for disproportionate assets.

Justice V. Lakshminarayanan delivered the ruling refusing discharge to former DMK Minister M.R.K. Panneerselvam and his family members.

The case involves a disproportionate assets (DA) case against the former minister and his relatives.

The ruling interprets the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure (CrPC).

The decision clarifies that sanction requirements under BNSS do not apply to DA cases, impacting future corruption prosecutions.

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