R. S. NAYAK vs A. R. ANTULAY

The Supreme Court addressed the interpretation of Section 6 of the Prevention of Corruption Act, 1947, ruling that a public servant must have the necessary sanction for prosecution both at the time of the alleged offence and when cognizance is taken. The Court clarified that the sanction from the competent authority is required only for the office under which the public servant misused their position, not for all offices held. The Court upheld the Special Judge's decision to discharge the respondent due to lack of sanction from the Legislative Assembly, affirming that a Member of the Legislative Assembly is considered a public servant under Section 21 IPC.