Supreme Court rules prior approval not required for bribery probe of Rajasthan constable

In a judgment delivered on October 16, a two-judge bench of the Supreme Court ruled that a prior approval under section 17A of the Prevention of Corruption Act is not needed to investigate a police officer’s alleged bribe demand, because the offence does not relate to the discharge of official functions. The bench, comprising Justices S V N Bhatti and N V Anjaria, upheld the Rajasthan High Court’s refusal to interfere with a trial-court order framing a charge under section 7 of the PC Act against constable Tejaram.

The constable had been accused by fellow officer Devendra Kumar of demanding ₹1.5 lakh on behalf of the superintendent, leading to an FIR, arrest and subsequent chargesheet. The Supreme Court emphasized that section 17A applies only when a public servant’s decision or recommendation, made in the course of official duties, is under investigation. By rejecting Tejaram’s defence, the court clarified the narrow applicability of the prior-approval provision and affirmed the ongoing prosecution.