Stay of proceedings If prosecution of offence in altered charge requireprevious sanction


If the prosecution of an offense requires an altered charge and the altered charge necessitates previous sanction, it means that before proceeding with the prosecution of the offense based on the altered charge, the prosecuting authority must obtain the necessary authorization or permission from a higher authority or governing body.

The requirement for previous sanction typically arises when there are specific legal provisions or regulations in place that mandate such authorization for certain types of offenses or when certain conditions are met. The purpose of this requirement is to ensure that the prosecuting authority does not misuse its power or initiate legal proceedings arbitrarily.

The process of obtaining previous sanction usually involves submitting an application or request to the appropriate authority, outlining the details of the altered charge and the reasons for seeking sanction. The authority then reviews the application and determines whether to grant or deny the sanction based on the applicable legal framework and the merits of the case.

If the previous sanction is not obtained when it is required, it can have implications for the validity of the prosecution. The defense may challenge the legality of the proceedings, and the court may dismiss the case or require the prosecution to obtain the necessary sanction before proceeding.

It’s important to note that the specific requirements for previous sanction can vary depending on the jurisdiction and the nature of the offense. Therefore, it is advisable to consult the relevant laws and legal experts in the specific jurisdiction to understand the precise implications and procedures associated with obtaining previous sanction in a particular case.

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