Section 15A of The Essential Commodities Act, 1955 — Prosecution of public servants

Bare section text

Official Legislative Text

Where any person who is a public servant is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty in pursuance of an order made under section 3, no court shall take cognizance of such offence except with the previous sanction— (a) of the Central Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union; (b) of the State Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the State.

Educational Study Layer

Summary

This section prevents courts from hearing cases against public servants without prior government approval.
It applies when a public servant is accused of an offense committed while acting, or intending to act, in the line of duty under a Section 3 order.
If the public servant works for the Central Government, the court must obtain permission from the Central Government.
If the public servant works for a State Government, the court must obtain permission from that State Government.

Practical examples

1On December 10, 2025, a central customs inspector named Vikram is accused of illegally seizing a shipment of pulses under a Section 3 order. The trader files a criminal complaint in court against Vikram. Under the law, the magistrate cannot start the trial or take legal notice of the case until the Central Government grants formal approval.

2On March 18, 2026, a state food inspector named Meera is accused of trespassing and abuse of power while inspecting a grocery shop. The shop owner attempts to prosecute her. Since Meera was performing her duties under a Section 3 order, the court cannot hear the case without previous sanction from the State Government.

FAQ

1. Can a court prosecute a public servant immediately under Section 15A of the Essential Commodities Act, 1955?

No, under Section 15A of the Essential Commodities Act, 1955, a court cannot take cognizance of an offense alleged against a public servant acting under a Section 3 order without previous government permission.

2. Who gives permission to prosecute a state officer under Section 15A of the Essential Commodities Act, 1955?

Under Section 15A of the Essential Commodities Act, 1955, the previous sanction must be obtained from the State Government if the officer was employed in connection with the affairs of the State.

3. What does cognizance mean in the context of Section 15A of the Essential Commodities Act, 1955?

Cognizance refers to a court taking judicial notice of an offense or starting formal legal proceedings, which is forbidden under Section 15A of the Essential Commodities Act, 1955 unless sanction is obtained.

4. Does Section 15A of the Essential Commodities Act, 1955 protect former public servants?

Yes, under Section 15A of the Essential Commodities Act, 1955, the protection applies to a person who is currently employed or was employed at the time of the alleged offense.

Practice Quiz

Q1.Under Section 15A of the Essential Commodities Act, 1955, whose sanction is needed to prosecute an officer employed by the Union government?

Q2.Under Section 15A of the Essential Commodities Act, 1955, when does a court have the authority to hear a criminal case against a public servant?

Q3.How does Section 15A of the Essential Commodities Act, 1955 differ from Section 15 of the same Act regarding lawsuits and prosecutions?

Q4.Under Section 15A of the Essential Commodities Act, 1955, what is the status of a public servant who has retired since committing the alleged offense?

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