The Supreme Court on 16 Oct 2026 ruled that a prior sanction under Section 17A is not required when the alleged offence is unrelated to the discharge of official duties. The judgment arose from an appeal by Rajasthan police constable Tejaram, who was charged under Section 7 of the Prevention of Corruption Act (PC Act).
Key Developments
- Bench of Justices S.V.N. Bhatti and N.V. Anjaria dismissed Tejaram’s appeal challenging the charge.
- The Court held that the alleged demand of ₹1.5 lakh was not linked to any official decision or recommendation, thus falling outside the ambit of Section 17A.
- The ruling re‑affirms that the requirement of prior approval applies only when the offence stems from a public servant’s discharge of official functions.
Important Facts
- Constable Tejaram was posted at the deputy superintendent’s office in Sirohi, Rajasthan.
- On 22 Apr 2021 a fellow constable lodged an email complaint alleging Tejaram demanded ₹1.5 lakh on behalf of the superintendent.
- An FIR was filed on 4 Jun 2021 under Section 7 of the PC Act and IPC 120B.
- Tejaram was arrested on 1 Sep 2021, prosecution sanction under Section 19 was granted on 8 Dec 2023, and a charge sheet filed on 19 Jan 2024.
- The special court framed a charge under Section 7 on 12 Sep 2024. The Rajasthan High Court dismissed his revision petition on 26 Mar 2025.
Exam Relevance
The case illustrates the distinction between offences arising from the public servant's official duties and those that are personal in nature. Understanding PC Act provisions, especially Section 7 and Section 17A, is essential for GS‑2 (Polity) questions on anti‑corruption legislation and judicial interpretation.
Way Forward
- Law‑makers may consider clarifying the scope of Section 17A to avoid procedural ambiguities.
- Investigating agencies should assess whether alleged misconduct is linked to an official decision before invoking the prior‑approval requirement.
- For aspirants, focus on the interplay between procedural safeguards for public servants and the need for robust anti‑corruption enforcement.