SC says no prior nod needed to probe public servants in bribery cases
This story was originally published at 19:13 IST on 19 October 2026
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NEW DELHI – The Supreme Court has held that there is no need to take prior approval of the competent authority to investigate public servants on charges of taking bribes. Demanding illegal gratification is a purely criminal act unconnected in any way to the discharge of a public servant's official duties and so there is no cause for providing any relief, the court said.
Section 17A of the Prevention of Corruption Act, 1988, requires police officers to obtain prior approval from the appropriate authority before conducting any inquiry into offences committed by public servants related to recommendations or decisions made in the discharge of official functions.
Thus, from the plain language of Section 17A, it is evident that the provision is confined to application in situations where there is a recommendation or decision made by a public servant in the discharge of his official duties, the court ruled. The act of demanding a bribe is a purely criminal act, not connected with official functions and not relatable to or having any linkage with a recommendation or decision made as a public servant, it said.
The bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria dismissed a police constable Tejaram's plea against framing of charges in a bribery case. Tejaram's act does not fall within the protective umbrella of Section 17A of the 1988 Act and it could not be said that the proceedings were vitiated for want of sanction, the bench said.
The case arose from allegations against Tejaram for demanding a bribe of INR 150,000, after which charges against him were directed to be framed for offences punishable under Section 7 of the 1988 Act. Tejaram had argued that the provision under Section 17A of the 1988 Act ought to have been complied with before initiating investigation against him. End
Reported by Surya Tripathi
Edited by Rajeev Pai
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