The Sampadak Express News Desk
The Supreme Court has held that no prior government approval is required to investigate allegations that a public servant demanded a bribe, ruling that such conduct is not connected to the “discharge of official functions or duties” protected under Section 17A of the Prevention of Corruption Act (PC Act). A Bench of Justices S.V.N. Bhatti and N.V. Anjaria delivered the judgment on October 16 while dismissing a Rajasthan police constable’s appeal against the framing of a corruption charge.
Writing for the Bench, Justice Anjaria upheld a Rajasthan High Court decision that declined to interfere with a trial court order framing a charge under Section 7 of the PC Act against constable Tejaram. Section 7, amended in 2018, criminalises a public servant’s acceptance of, or attempt to obtain, an undue advantage for improperly or dishonestly performing a public duty.
The court rejected the constable’s contention that an inquiry or investigation could not proceed without the prior approval envisaged under Section 17A of the PC Act. That provision restricts investigations “relatable to recommendations made or decisions taken” by public servants while discharging official functions. Referring to precedent, the judgment noted that offences such as misappropriation, falsification of accounts, cheating, criminal breach of trust and receiving bribes lie outside Section 17A’s scope.
“The decisive phrase in the Section is ‘discharge of official functions or duties’,” the Bench observed, adding that Section 17A cannot be given an “omnibus application.” The court said the protection applies only where an enquiry or investigation targets a “decision” or “recommendation” made by a public servant in the discharge of official duties, not to alleged bribe demands.
According to The Hindu, case records show that at the time of the alleged offence, Tejaram was posted to the office of the deputy superintendent of police in Sirohi, Rajasthan. Fellow constable Devendra Kumar alleged in an email dated April 22, 2021, that Tejaram demanded Rs 1.5 lakh on behalf of the superintendent of police. An FIR was registered on June 4, 2021, under Section 7A of the PC Act and Section 120B (criminal conspiracy) of the Indian Penal Code, and Tejaram was arrested on September 1, 2021.
Prosecution sanction under Section 19 of the PC Act was granted on December 8, 2023, followed by a charge sheet on January 19, 2024. A special court in Pali framed a charge under Section 7 on September 12, 2024. The Rajasthan High Court dismissed Tejaram’s revision petition on March 26, 2025, prompting his appeal to the Supreme Court, which has now been dismissed.
While recognising that Parliament inserted Section 17A to protect honest decision-making by public servants, the court underlined that the safeguard is confined to actions taken in the course of official duty. As the allegation against the appellant concerned an illicit demand, the Bench concluded that prior approval under Section 17A was inapplicable and the trial could proceed on the Section 7 charge already framed by the special court.
