Politics · India · 3 hrs ago
Supreme Court says prior approval is not needed to prosecute officials for demanding bribes
The Supreme Court ruled that prior approval is not needed to prosecute officials accused of demanding bribes.
The case involved a Rajasthan police constable accused of demanding a bribe of Rs 1.5 lakh.
He challenged the FIR and chargesheet, arguing that investigators needed official approval before proceeding.
A 2018 provision in India’s Prevention of Corruption Act requires prior approval for inquiries or investigations into alleged offences by officials while carrying out their duties.
The court said that protection is meant to guard officials against persecution for work-related decisions, not to cover bribe demands.
It dismissed the constable’s appeal, finding that the alleged demand was a criminal act unconnected to his official duties.
The ruling clarifies how the approval requirement applies to corruption cases.
India’s Supreme Court ruled that prior approval is not required to prosecute public servants caught demanding bribes.
The court said Section 17A of the Prevention of Corruption Act does not protect bribe demands because they are not connected to official duties.
The ruling came as the court dismissed a Rajasthan police constable’s appeal against an FIR and chargesheet alleging he demanded a Rs 1.5 lakh bribe.
Section 17A was added to the Act in 2018 and requires official approval for certain inquiries or investigations into public servants’ conduct in their duties.
- Who
- India’s Supreme Court, in a bench of Justices SVN Bhatti and N V Anjaria, ruled on an appeal by a Rajasthan police constable.
- What
- The court said prior approval is not needed to prosecute a public servant for demanding a bribe.
- When
- The ruling was reported on October 17, 2026.
- Where
- India; the appeal concerned a Rajasthan police constable.
- Why
- The court said demanding a bribe is a criminal act unrelated to the official’s duties, so Section 17A’s protection does not apply.
Rajasthan police constable
Supreme Court
Proceedings
Rajasthan police constable
The constable appealed against the FIR and chargesheet against him.
Supreme Court
The court dismissed the appeal and said the proceedings were not invalid for lack of prior approval.
Prior approval
Rajasthan police constable
The constable challenged the case against him; the article does not detail his specific argument on approval.
Supreme Court
The court held that Section 17A does not require prior approval for prosecution over a bribe demand.
Section 17A was added to the Prevention of Corruption Act.
The Times of India reported that the Supreme Court had dismissed the constable’s appeal and ruled prior approval was not required.
- Court
- Supreme Court of India
- Bench
- Justices SVN Bhatti and N V Anjaria
- Law
- Section 17A of the Prevention of Corruption Act
- Allegation
- Demand for a Rs 1.5 lakh bribe
- Appellant
- Rajasthan police constable
What people are saying
The act of demanding a bribe is a pure criminal act, not connected with official functions and not relatable to or having any linkage with recommendation or decision of the appellant in his capacity as public servant
In the facts and circumstances of the case, therefore, the act of the appellant does not fall within the protective umbrella of Section 17A of the Act. It could not be said that the proceedings were vitiated for want of sanction.