Court rules on corruption investigations

The Supreme Court held that investigating alleged bribe demands by police does not require prior approval under the Prevention of Corruption Act.

The bench and the judgment

Justices S.V.N. Bhatti and N.V. Anjaria delivered the judgment on October 16, dismissing a Rajasthan police constable's appeal against corruption charges.

The constable's case

Constable Tejaram was charged under Section 7 of the Prevention of Corruption Act. He argued that prior approval under Section 17A was required before investigating him.

What Section 17A protects

Section 17A requires prior approval for investigating offences linked to decisions or recommendations made by public servants while discharging official functions or duties.

The court's key finding

The court said bribe demands fall outside Section 17A because they are unconnected with discharge of official duties, which the provision protects.

“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 bribery allegation

Fellow constable Devendra Kumar alleged in an email dated April 22, 2021, that Tejaram demanded one point five lakh rupees on behalf of the superintendent of police.

The investigation timeline

An FIR was registered on June 4, 2021. Tejaram was arrested on September 1, 2021. Prosecution sanction was granted on December 8, 2023.

The charge and appeals

A charge sheet was filed 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.

Supreme Court upholds the conviction

The Supreme Court upheld the Rajasthan High Court's decision and rejected Tejaram's defence that prior approval was required, allowing the trial to proceed.