Section 12 of The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
No prosecution for an offence under this Act shall be instituted except with the previous sanction of the Central Government.
Summary
- No prosecution (the legal process of putting someone on trial for a crime) for an offense under this Act can be started without previous permission.
- This prior permission is legally referred to as a "previous sanction".
- The only authority that can grant this previous sanction is the Central Government of India.
- A court cannot begin or institute any criminal case under this Act unless this official government sanction has been obtained first.
Practical examples
FAQ
1. What does previous sanction mean?
It means prior official permission or approval that must be obtained before a legal case can be started.
2. Can a state police officer start a prosecution under this Act on their own?
No, no prosecution can be started by anyone unless they have obtained the previous sanction of the Central Government.
3. Who has the authority to grant the sanction for prosecution?
Only the Central Government has the authority to grant this previous sanction.
4. What happens if a prosecution is started without this previous sanction?
The prosecution is illegal and cannot proceed because the previous sanction is a strict legal requirement.
Test yourself
Q1.What is required before any prosecution for an offense under this Act can be instituted?
Q2.Who is authorized to give the previous sanction for prosecution under Section 12?
Q3.What does the term "instituted" mean in the context of Section 12?
Q4.Can a court proceed with a trial under this Act if the Central Government has NOT given its sanction?
Q5.For which offenses under this Act is previous sanction required?