The Supreme Court dismissed Rajasthan constable Tejaram's appeal against a corruption charge. The ruling limits Section 17A protection to decisions or recommendations made during official duties.
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Newdelhi,Oct 19, 2026 16:10 IST
Prior approval is not required to investigate an alleged bribe demand by a public servant under the Prevention of Corruption Act because such an act is not connected with the discharge of official duties, the Supreme Court has ruled, according to news agency Press Trust of India.
A bench of Justices S V N Bhatti and N V Anjaria made the observation while dismissing Rajasthan police constable Tejaram's appeal against the framing of a corruption charge. The judgment was delivered on October 16.
Writing the judgment for the bench, Justice Anjaria upheld the Rajasthan High Court's refusal to interfere with a trial court order framing a charge against Tejaram under Section 7 of the Prevention of Corruption Act.
Section 7 of the Act, as amended in 2018, provides punishment for public servants who accept, obtain or attempt to obtain an undue advantage to improperly or dishonestly perform a public duty.
The Supreme Court rejected Tejaram's argument that the investigating agency had failed to obtain prior approval under Section 17A of the Act. The provision requires prior approval for an inquiry or investigation into certain offences linked to decisions or recommendations made by public servants while performing their official functions.
Citing earlier judgments, the court said offences such as misappropriation, falsification of accounts, cheating, criminal breach of trust and receiving bribes were outside the scope of Section 17A.
According to PTI, the judgment said: "An unequivocal position of law emanates from the ... decisions about the scope and extent of applicability of section 17A of the PC Act which contemplates taking a prior approval before investigation or inquiry against a public servant."
"The language of the provision itself outlines and circumscribes the ambit of operation of the provision. The decisive phrase in the section is 'discharge of official functions or duties'," it added.
The court said the legislature had introduced Section 17A to protect public servants from prosecution in matters involving their official work. However, it said the provision could not have an "omnibus application".
"In order that the provision of section 17A of the PC Act applies, there has to be a 'decision' or 'recommendation' by a public servant against whom an enquiry or investigation is to be initiated. Such 'decision' or 'recommendation' shall be a 'decision' taken or 'recommendation' made by such a public servant in the discharge of his official functions or duties," the court said.
The court said the plain language of Section 17A showed that it applied only to situations involving a recommendation made or a decision taken by a public servant while discharging official duties.
According to case records cited by PTI, Tejaram was posted at the office of the deputy superintendent of police in Sirohi, Rajasthan. Fellow constable Devendra Kumar alleged in an email complaint dated April 22, 2021, that Tejaram had 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 Prevention of Corruption Act and Section 120B of the Indian Penal Code, which deals with criminal conspiracy. Tejaram was arrested on September 1, 2021.
After sanction for prosecution was granted under Section 19 of the Act on December 8, 2023, a chargesheet was filed on January 19, 2024. A special court in Pali, Rajasthan, framed a charge under Section 7 of the Act on September 12, 2024.
Tejaram challenged the order in the Rajasthan High Court, which dismissed his revision petition on March 26, 2025. He then approached the Supreme Court.
In dismissing his appeal, the Supreme Court reaffirmed that Section 17A protection is limited to decisions or recommendations made as part of official duties and does not cover an alleged demand for a bribe.
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