(1) Where, after the conclusion of the investigation, the findings of the Lokayukta disclose the commission of an offence under the Prevention of Corruption Act, 1988 (49 of 1988) by a public servant referred to in sub-section (1) of section 12, the Lokayukta may, after obtaining sanction for prosecution of the competent authority, instruct the concerned investigating authority to file a case in the Special Court and shall send a copy of the report together with its findings to the competent authority :
Provided that, the competent authority shall convey its decision under this sub-section within a period of three months to the Lokayukta, which may, for reasons to be recorded in writing by such authority, be extended by a period of one month :
Provided further that, if the competent authority fails to convey its decision within the said time limit, the Lokayukta may take action as he deems fit:
Provided also that, the provisions of first and second provisos shall not be applicable in case of complaint against Chief Minister.
(2) A Special Court may, notwithstanding anything contained in 1[section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)] or section 19 of the Prevention of Corruption Act, 1988 (49 of 1988), on filing of a charge sheet on completion of investigation, by the Lokayukta or any officer authorized by it in this behalf, take cognizance of offence committed by any public servant.
(3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution of India and in respect of which a procedure for removal of such person has been specified therein.
(4) The provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution of India.
Provided that, the competent authority shall convey its decision under this sub-section within a period of three months to the Lokayukta, which may, for reasons to be recorded in writing by such authority, be extended by a period of one month :
Provided further that, if the competent authority fails to convey its decision within the said time limit, the Lokayukta may take action as he deems fit:
Provided also that, the provisions of first and second provisos shall not be applicable in case of complaint against Chief Minister.
(2) A Special Court may, notwithstanding anything contained in 1[section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)] or section 19 of the Prevention of Corruption Act, 1988 (49 of 1988), on filing of a charge sheet on completion of investigation, by the Lokayukta or any officer authorized by it in this behalf, take cognizance of offence committed by any public servant.
(3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution of India and in respect of which a procedure for removal of such person has been specified therein.
(4) The provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution of India.
Source footnotes
1. These words and figures were substituted for the words and figures "section 197 of the Code of Criminal Procedure, 1973 (2 of 1974)" by Mah. 50 of 2025, s. 7.आगे पढ़ें / Continue reading
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Establishment of Lokayukta.Section 4 · Appointment of Chairperson and Members.Section 5 · Filling of vacancies of Chairperson or Members.Section 6 · Term of office of Chairperson and Members.Section 7 · Salary, allowances and other conditions of service of Chairperson and Members.Section 8 · Restriction on employment of Chairperson and Members after ceasing to hold office.India Code, Government of India. Text fetched 21 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.