Prevention of Corruption Act, 1988 - Supreme Court Quarterly Digest Jan - Mar, 2026Andhra Pradesh Reorganisation Act, 2014 – Section 2(f), 100, 101, and 102 – Code of Criminal Procedure, 1973 – Section 2(s) and 2(o) – Prevention of Corruption Act, 1988 - The Supreme Court set aside a High Court of Andhra Pradesh judgment that had quashed several FIRs registered by the...
Prevention of Corruption Act, 1988 - Supreme Court Quarterly Digest Jan - Mar, 2026
Andhra Pradesh Reorganisation Act, 2014 – Section 2(f), 100, 101, and 102 – Code of Criminal Procedure, 1973 – Section 2(s) and 2(o) – Prevention of Corruption Act, 1988 - The Supreme Court set aside a High Court of Andhra Pradesh judgment that had quashed several FIRs registered by the Anti-Corruption Bureau (ACB), Vijayawada – Held that the High Court had erroneously held that the ACB office in Vijayawada was not a notified "police station" under Section 2(s) of the CrPC following the state's bifurcation - The Supreme Court clarified that under the 2014 Reorganisation Act, existing laws and notifications (including G.O.Ms. No. 268 of 2003) continue to apply to successor states to prevent a legal vacuum - A "police station" under Section 2(s) includes a "post" held by a police officer and does not strictly require a specific physical building declaration in every instance - a subsequent 2022 clarificatory Government Order by the State of Andhra Pradesh did not have retrospective application but merely confirmed the existing legal position under the Reorganisation Act - Section 2(s) of the CrPC is exhaustive and inclusive, meaning any "post" or "place" declared by the State - A post held by a police officer can constitute a police station - Sections 100-102 of the 2014 Act ensure that laws (including notifications) in force before the appointed day continue to apply to the territories of the successor states until altered or repealed - A subsequent Government Order (G.O.Ms. No. 137 of 2022) issued as a clarification does not constitute retrospective application but merely reiterates the statutory position to avoid legal ambiguity. [Relied on Commissioner of Commercial Taxes, Ranchi and Another vs. Swarn Rekha Cokes and Coals (P) Ltd. and Others (2004) 6 SCC 689; State of Punjab and Others vs. Balbir Singh and Others (1976) 3 SCC 24; Paras 21-24, 26-29] Anti-Corruption Bureau v. Dayam Peda Ranga Rao, 2026 LiveLaw (SC) 24 : 2026 INSC 37 : 2026 CriLJ 708
Difference between Section 6A (DSPE Act) and Section 17A (PC Act) — While Section 6A was struck down in Subramanian Swamy for being discriminatory (protecting only high-ranking officers), Section 17A is applicable to all levels of public servants - the requirement for an independent screening mechanism remains a constitutional necessity to prevent the "chilling effect" on honest officials while ensuring the accountability of the corrupt - In cases where the public servant is not covered under the jurisdiction of the Lokpal/Lokayukta, the competent authority must commission an appropriate independent investigative agency to screen the information before granting or refusing approval. [Relied on Vineet Narain vs. Union of India (1998) 1 SCC 226; Subramanian Swamy vs. Director, CBI (2014) 8 SCC 682; K. Veeraswami vs. Union of India (1991) 3 SCC 655; Lalita Kumari vs. Govt. of U.P. (2014) 2 SCC 1: Paras 50, 81, 93, 98-100] Centre for Public Interest Litigation v. Union of India, 2026 LiveLaw (SC) 43 : 2026 INSC 55
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 - Noted that the Delhi Special Police Establishment Act (DSPE Act), 1946, is permissive and does not expressly or impliedly divest regular State police authorities of their power to investigate offences under the PC Act - While an internal arrangement exists where the CBI typically handles Central Government employees and the ACB handles State employees to avoid duplication, this does not exclude the State's legal power to investigate - The only mandatory requirement is that the investigating officer must hold the rank specified under Section 17 of the PC Act – Key findings by Supreme Court – i. CrPC as Parent Statute: Unless a special law provides a separate, exclusive procedure for investigation, the general provisions of Section 156 CrPC (powers of police to investigate cognizable offences) prevail; ii. Non-Exclusivity of CBI: The DSPE Act (which governs the CBI) does not impair any other law empowering State police authorities to investigate offences - It is incorrect to claim that only the CBI has the authority to institute such prosecutions; iii. Validity of Charge-sheet: A charge-sheet filed by a State agency against a Central Government employee without the prior consent or approval of the CBI is valid in law – Appeal dismissed. [Relied on A.C. Sharma v. Delhi Administration (1973) 1 SCC 726; Paras 3-9] Nawal Kishore Meena @ N.K Meena v. State of Rajasthan, 2026 LiveLaw (SC) 68 : 2026 INSC 71 : 2026 (1) Crimes (SC) 172
Rule of Law — Independence of Investigative Agency — The executive cannot have the unbridled power to foreclose an enquiry into corruption allegations against its own officials, as this would violate the "rule of law" and the principle of independent investigation - Any decision to block an enquiry must be taken by a body independent of the executive - SOP) — Held that the existing SOP (dated 03.09.2021) governing Section 17A to be "wholly unsatisfactory" as it failed to provide for an independent screening mechanism and allowed the executive to judge the actions of its own limbs. Centre for Public Interest Litigation v. Union of India, 2026 LiveLaw (SC) 43 : 2026 INSC 55
The Supreme Court set aside a High Court of Andhra Pradesh judgment that had quashed several FIRs registered by the Anti-Corruption Bureau (ACB), Vijayawada – Held that the High Court had erroneously held that the ACB office in Vijayawada was not a notified "police station" under Section 2(s) of the CrPC following the state's bifurcation - The Supreme Court clarified that under the 2014 Reorganisation Act, existing laws and notifications (including G.O.Ms. No. 268 of 2003) continue to apply to successor states to prevent a legal vacuum - A "police station" under Section 2(s) includes a "post" held by a police officer and does not strictly require a specific physical building declaration in every instance - a subsequent 2022 clarificatory Government Order by the State of Andhra Pradesh did not have retrospective application but merely confirmed the existing legal position under the Reorganisation Act - Section 2(s) of the CrPC is exhaustive and inclusive, meaning any "post" or "place" declared by the State - A post held by a police officer can constitute a police station - Sections 100-102 of the 2014 Act ensure that laws (including notifications) in force before the appointed day continue to apply to the territories of the successor states until altered or repealed - A subsequent Government Order (G.O.Ms. No. 137 of 2022) issued as a clarification does not constitute retrospective application but merely reiterates the statutory position to avoid legal ambiguity. [Relied on Commissioner of Commercial Taxes, Ranchi and Another vs. Swarn Rekha Cokes and Coals (P) Ltd. and Others (2004) 6 SCC 689; State of Punjab and Others vs. Balbir Singh and Others (1976) 3 SCC 24; Paras 21-24, 26-29] Anti-Corruption Bureau v. Dayam Peda Ranga Rao, 2026 LiveLaw (SC) 24 : 2026 INSC 37 : 2026 CriLJ 708
Section 7 – Penal Code, 1860 – Section 120B – Criminal Conspiracy – Demand and Acceptance of Bribe – Individual Liability vs. Collective Culpability – The Supreme Court held that even if a charge of criminal conspiracy (Section 120B IPC) fails due to lack of evidence regarding a prior meeting of minds or demand by one of the accused, the other accused can still be independently convicted for demand and acceptance under Section 7 of the PC Act if the evidence specifically establishes their individual role - The conduct of an accused person—such as turning pale, remaining "mum," or attempting to escape/dispose of the bribe money when challenged by the Trap Laying Officer—is admissible as relevant conduct under Section 8 of the Evidence Act. Central Bureau of Investigation v. Baljeet Singh, 2026 LiveLaw (SC) 228 : 2026 INSC 221
Sections 7 and 13(2) – Illegal Gratification – Trap Proceedings – Evidentiary Value of Shadow Witness – Credibility of Independent Witnesses – The Supreme Court upheld the conviction of an Excise Constable caught in a trap for demanding and accepting a bribe of ₹500 - held that the testimony of a shadow witness (PW-2) cannot be branded as "interested" merely because they are acquainted with the complainant - To disqualify a witness as interested, the defense must provide specific material demonstrating actual hostility. Raj Bahadur Singh v. State of Uttarakhand, 2026 LiveLaw (SC) 242 : 2026 INSC 239 : AIR 2026 SC 1506
Section 17 — Code of Criminal Procedure, 1973; Section 4 and 156 — 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 - Noted that the Delhi Special Police Establishment Act (DSPE Act), 1946, is permissive and does not expressly or impliedly divest regular State police authorities of their power to investigate offences under the PC Act - While an internal arrangement exists where the CBI typically handles Central Government employees and the ACB handles State employees to avoid duplication, this does not exclude the State's legal power to investigate - The only mandatory requirement is that the investigating officer must hold the rank specified under Section 17 of the PC Act – Key findings by Supreme Court – i. CrPC as Parent Statute: Unless a special law provides a separate, exclusive procedure for investigation, the general provisions of Section 156 CrPC (powers of police to investigate cognizable offences) prevail; ii. Non-Exclusivity of CBI: The DSPE Act (which governs the CBI) does not impair any other law empowering State police authorities to investigate offences - It is incorrect to claim that only the CBI has the authority to institute such prosecutions; iii. Validity of Charge-sheet: A charge-sheet filed by a State agency against a Central Government employee without the prior consent or approval of the CBI is valid in law – Appeal dismissed. [Relied on A.C. Sharma v. Delhi Administration (1973) 1 SCC 726; Paras 3-9] Nawal Kishore Meena @ N.K Meena v. State of Rajasthan, 2026 LiveLaw (SC) 68 : 2026 INSC 71 : 2026 (1) Crimes (SC) 172
Section 17A - Vires of Section 17A - Whether the requirement of prior approval for conducting an enquiry, inquiry, or investigation into offences relatable to recommendations made or decisions taken by a public servant is unconstitutional? - Held (per Nagarathna, J.) - Section 17A of the Prevention of Corruption Act, 1988 is unconstitutional and is liable to be struck down - The provision is a resurrection of the Single Directive 4.7(3) and Section 6A of the Delhi Special Police Establishment (DSPE) Act, 1946, both of which were previously struck down by the Supreme Court - Resurrection of Struck-down Provisions: Section 17A is an attempt to reintroduce a prior approval regime that was already declared unconstitutional in larger bench decisions. It is "old wine in a new bottle" and does not remove the basis on which Section 6A of the DSPE Act was invalidated - The primary object of the Act is to effectively curb the "cancerous growth of corruption" - Section 17A forestalls even a bare preliminary enquiry, thereby protecting corrupt officials rather than merely honest ones - The provision is arbitrary because it requires approval from the very government department to which the public servant belongs - This creates a "policy bias" and a "conflict of interest," as the authority granting approval may have been involved in the same decision-making process, leading to a lack of objectivity and neutrality - The classification based on the nature of duties (recommendations or decisions) to protect a certain class of public servants is illegal and violates the mandate of equality before the law - The expression "Government" or "competent authority" in Section 17A cannot be substituted with "Lokpal" or "Lokayukta" through interpretation, as such substitution would amount to impermissible judicial legislation. [Relied on Vineet Narain vs. Union of India, (1998) 1 SCC 226; Subramanian Swamy vs. Director, CBI, (2014) 8 SCC 68; Lalita Kumari vs. Government of Uttar Pradesh, (2014) 2 SCC 1; Manohar Lal Sharma vs. Principal Secretary, (2014) 2 SCC 532; Paras 19-22] Centre for Public Interest Litigation v. Union of India, 2026 LiveLaw (SC) 43 : 2026 INSC 55
Section 17A — Constitutional Validity — Reading Down (per K.V. Viswanathan; J) — The Supreme Court delivered a split verdict, holding the constitutional validity of Section 17A but read it down to mandate an independent screening mechanism - held that the "previous approval" of the Government/Competent Authority for conducting an enquiry, inquiry, or investigation must be preceded by an independent screening of the information/complaint by the Lokpal (for Central Government employees) or Lokayukta (for State Government employees) - The recommendation of the Lokpal/Lokayukta shall be binding on the Government/Authority. Centre for Public Interest Litigation v. Union of India, 2026 LiveLaw (SC) 43 : 2026 INSC 55
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] Anil Daima v. State of Rajasthan, 2026 LiveLaw (SC) 108 : 2026 INSC 72 : 2026 (1) Crimes (SC) 170
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] Anil Daima v. State of Rajasthan, 2026 LiveLaw (SC) 108 : 2026 INSC 72 : 2026 (1) Crimes (SC) 170
Section 21 – Opportunity to Lead Defense Evidence – The appellant contended he was not afforded an opportunity to examine himself as a defense witness - Supreme Court rejected this, noting that the trial record showed the appellant's statement under Section 313 Cr.P.C. was recorded and he had the opportunity to avail himself of Section 21 of the P.C. Act but failed to do so during the trial. Raj Bahadur Singh v. State of Uttarakhand, 2026 LiveLaw (SC) 242 : 2026 INSC 239 : AIR 2026 SC 1506