Vakil Help Desk News: the Supreme Court has held that Section 17A of the Prevention of Corruption Act, which requires prior approval before investigating a public servant's official decisions, does not protect a demand for a bribe, because demanding a bribe is not part of any official function.
Vakil Help Desk News, Litigation & Courts. A public servant accused of demanding a bribe cannot use Section 17A of the Prevention of Corruption Act, 1988 to stop the investigation, the Supreme Court has held in Tejaram v. State of Rajasthan (2026 INSC 1147), decided on 16 October 2026.
The judgment was delivered by a bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria.
The case
The appellant, a constable posted at the office of the Deputy Superintendent of Police in Sirohi, Rajasthan, was accused of demanding ₹1.5 lakh as illegal gratification, allegedly on behalf of a senior officer. Another constable complained to the Anti-Corruption Bureau. The trial court ordered that charges be framed, and the Rajasthan High Court dismissed the appellant's challenge.
Before the Supreme Court, the appellant argued that the investigation was invalid because no prior approval had been obtained under Section 17A.
What the Supreme Court held
- Section 17A requires prior approval only for an inquiry or investigation into an offence relatable to a recommendation made or decision taken by a public servant in discharge of official functions.
- Demanding a bribe is a pure criminal act. It is not connected with any official function, recommendation or decision, so none of the conditions of Section 17A were met.
- The protection under Section 17A is not an omnibus shield; it applies only when its statutory conditions are satisfied. The absence of approval therefore did not vitiate the proceedings.
- The appeal was dismissed.
Why it matters
Section 17A was introduced in 2018 to protect honest officers from harassment over genuine decisions. This ruling confirms it cannot be stretched to cover a straightforward bribe demand, so investigating agencies can act on such complaints without waiting for prior approval.
What this means for you
If a public servant demands a bribe from you, you can complain directly to the Anti-Corruption Bureau or the investigating agency — no prior government approval is needed to investigate a bribe demand. For public servants, Section 17A protects genuine official decisions, not demands for money. Keep any evidence of the demand, such as messages or call records, and take legal advice before making a complaint.