S.17A Prevention Of Corruption Act Won't Apply To Cases Of Demand Of Illegal Gratification : Supreme Court

The Supreme Court has held that the protection under Section 17-A of the Prevention of Corruption Act, 1988 cannot be extended to cases involving demand of illegal gratification by public servants, holding that the provision is confined to decisions or recommendations taken in the discharge of official duties.

“Section 17-A came to be enacted with a particular object. Section 17-A talks about enquiry or inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties. Section 17-A by any stretch of imagination cannot be applied to cases of demand of illegal gratification.”, observed a bench of Justice JB Pardiwala and Justice SC Sharma.

Section 17A mandates that prior sanction from the Government is required to launch an investigation against the public servant "where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties."

The petitions arose from a Rajasthan High Court judgment which had upheld the jurisdiction of the State Anti-Corruption Bureau to register and investigate corruption cases against Central Government employees posted within the State, without requiring prior consent or approval of the Central Bureau of Investigation.

The petitioner was facing offences under Sections 7 and 7A of the Prevention of Corruption Act.

The High Court had answered two questions of law against the accused, holding that the State ACB was competent to register cases under the PC Act against Central Government employees and that charge-sheets filed by it without CBI approval were valid.

The Court upheld the Rajasthan High Court's view, saying that it is incorrect to say that it is only the CBI that could have instituted the prosecution against the union government's employee. Even the state police can proceed with the investigation, the court added [See Nawal Kishore Meena v. State of Rajasthan].

The employee then argued that no investigation could proceed without prior sanction from the appointing authority, i.e., the central government under Section 17-A of the Prevention of Corruption Act, 1988.

Dismissing his plea, the Court said that the requirement of a sanction under Section 17-A only arises when the offending act was committed during the discharge of an official duty. Since the alleged act of illegal gratification was not an act said to be covered under the official duties, the requirement of prior sanction could not arise, the court said.

Also Read : State Agency Can Investigate Corruption Cases Against Central Govt Officers : Supreme Court

Headnote

Prevention of Corruption Act, 1988; Section 17A – Jurisdiction of State Anti Corruption Bureau (ACB) over Central Government Employees – The Supreme Court upheld the Rajasthan High Court's finding that the State ACB has the jurisdiction to register criminal cases, investigate, and file charge-sheets against Central Government employees for offences committed within the State's territorial jurisdiction - It is incorrect to contend that the Central Bureau of Investigation (CBI) holds exclusive jurisdiction or that its prior consent is mandatory for the ACB to proceed. [Para 3]

Prevention of Corruption Act, 1988; Section 17A – Scope of Previous Approval – Demand of Illegal Gratification –The protection under Section 17A, which requires previous approval for enquiries or investigations into decisions taken or recommendations made by a public servant in the discharge of official duties, does not apply to cases involving the demand of illegal gratification - Noted that Section 17A was enacted with a specific object and cannot, by any stretch of imagination, be applied to bribery/extortion cases as these do not constitute "official functions or duties." [Paras 6-7]

Cause Title: ANIL DAIMA ETC. VERSUS STATE OF RAJASTHAN & ORS.

Citation : 2026 LiveLaw (SC) 108

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