CRIMINAL LAW AMENDMENT ACT, 1958

 

CRIMINAL
LAW AMENDMENT ACT, 1958 (XL OF 1958)

Section—2(b)

“Public Servant”, “Statutory
Corporation” or “Body Corporate”

In section
2(b) of the Act the term ‘body corporate’ has been used to mean corporations other
than ‘statutory corporations.’ So MIs. Master Industries Limited, a limited
company registered under the Companies Act, 1913 is a ‘body corporate’. The
Managing Director of the said Company is, therefore, a ‘public servant’ within
the meaning of section 2(b) ‘of the Criminal Law Amendment Act, 1958 as the
Director of a ‘body corporate’.

Khorshed Alam Vs. Azizur
Rahman and another, 15BLD(HCD)639

 

Sections—4(1) and 6(5)

Jurisdiction of the Special
Judge and cognizance of cases by him

Writing for sanction by the
Special Judge

Section 4(1)
of the Criminal Law Amendment Act, 1958 provides that a Special Judge may take
cognizance of an offence committed within his jurisdiction and triable under
the said Act either upon receiving a petition of complaint or a police report.
Section 4 does not provide for obtaining any sanction before taking cognizance.

Sub-section
(5) of section 6 of the said Act provides that previous sanction of the
Government shall be required for the prosecution of a public servant for an
offence triable under this Act. Thus it is clear that sanction is necessary not
for taking cognizance but for starting the prosecution of the accused.

Abdur Gafur Vs. The
State, 15BLD(HCD)604

Ref: 35 DLR (AD)
324—Cited

 

Section—6(5)

Whether sanction is
necessary for prosecution of a public servant?

Sanction is
necessary for prosecution of a public servant. The sanction is a mandatory provision
and a prosecution not sanctioned by the sanctioning authority of an accused,
who is a public servant, is untenable in law.

Serajul Hoque Vs. The
State, 13BLD (HCD)344

Ref: 197
1P.Cr.L.J(Vol.2)Page 1173—Cited

 

Section—6(5)

Public
Servants shall mean and include only those persons who serve as public servants
at the time of commission of the offence and remain so when cognizance is taken.
Since the petitioners were not public servants at the time of commission of the
alleged offence, sanction of the Government for prosecuting them is not
required.

Mohor Ranjan Pal and others
Vs. The State, 18BLD (HCD)86

Ref: 49 DLR(AD)(1997)51;
19DLR (SC) 33; 17 DLR(SC)26; 29DLR(1977)219—Cited

 

Section—6(5)

Proviso

The proviso
to section 6(5) of the Criminal Law Amendment Act, 1958 makes it imperative
that the Special Judge shall, immediately on receipt of the complaint, address
the Government in case of sanction not being accompanied with the petition of
complaint before any step is taken by him in respect of the complaint. Although
in an appropriate case a Special Judge may order an investigation by any Police
Officer in whose jurisdiction the offence was wholly or partly committed but
even this step cannot be taken without first complying with the proviso to
section 6(5) of the Act. In the present case the learned Special Judge cannot
be said to have acted with sound discretion in asking the A.S.P. to hold an
enquiry into the matter when admittedly officers much above him have been made
accused in the case.

Mr. Abdur Rahim alias Md.
Abdur Rahim Vs. The State, 16 BLD(AD)215

Ref: 35 DLR(AD) (1983)
324; PLD 1962 (WP) Karachi 738; PLR (1964) 14 (Dacca) Dacca Series 557; 35 DLR
(1983)249; 9 DLR (Dacca) 109; 10 DLR(Dhaka)32 1; (1954)7 F. C. Reports, 90 and
(1945) F.C. Reports 93; 10 DLR(Dac)370; 29Cr.L.J. 1928,958—Cited.

 

Section—6(5)

Sanction for prosecution of
a public servant

Section 6(5)
of the Act requires that for trying a public servant for an offence under this
Act previous sanction of the Government is necessary. No public servant can
thus be tried without obtaining previous sanction for prosecution from the
appropriate authority if he continues to be a public servant at the time of
taking cognizance.

Fakir Md. Tariqul islam
Vs The State and others, 17BLD(HCD)155

Ref: 6 DLR 152; 2 BCR
1982 (HCD) 4; 52 C.W.N. 567; A.I.R. 1939 (Sind) 148; 42 DLR (1990) 252-Cited

 

Section—6(5)

According to
section 6(5) of the Act public servants shall mean and include only those
persons who act as public servants at the time of commission of the offence and
remain so when cognizance of the offence is taken.

In the
instant case, since the petitioners were not public servants at the time of the
commission of the alleged offence sanction of the Government for prosecuting
them is not required by law.

Mohor Ranjan Pal and
others Vs. The State, 18BLD(HCD)86

Ref: 49DLR(AD)(1997)51;
19DLR (SC) 33; 1 7DLR(SC)26;29DLR( 1977)2 19—Cited.

 

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