Supreme Court rules no prior approval needed to probe public servant bribe demand

Investigating agencies do not require prior approval from the government to probe public servants accused of demanding bribes, the Supreme Court has ruled, reinforcing clean governance and accountability across public administration.

A bench of Justices S.V.N. Bhatti and N.V. Anjaria held that demanding an undue advantage is entirely unconnected to the discharge of official duties, which is the only activity protected by law. Writing the judgment for the bench, Justice Anjaria upheld a decision by the Rajasthan High Court that refused to drop corruption charges against a police constable.

Why Section 17A protection does not apply to bribes

Section 17A was added to the Prevention of Corruption Act in 2018 to protect public servants from frivolous prosecution over genuine decisions or recommendations made in the course of their duties. However, the Supreme Court stressed that the provision cannot be given an omnibus application.

The judges noted that for Section 17A to apply, there must be a specific decision or recommendation made by an official in the legitimate performance of public functions. Crimes such as receiving bribes, criminal breach of trust, cheating, and falsification of accounts sit completely outside official work.

"The decisive phrase in the section is 'discharge of official functions or duties'," the bench noted, clarifying that statutory protection was never intended to shield corrupt acts.

How the case against the constable unfolded

The ruling came on an appeal filed by Tejaram, a constable previously posted at the office of the deputy superintendent of police in Rajasthan's Sirohi district. In April 2021, fellow constable Devendra Kumar submitted an email complaint alleging that Tejaram had demanded ₹1.5 lakh on behalf of the superintendent of police.

Tejaram had argued that the investigation against him was invalid because officers had not obtained prior approval under Section 17A. Rejecting that defence, the Supreme Court affirmed that the special court in Pali was fully justified in framing charges under Section 7 of the Prevention of Corruption Act.