Supreme Court: No prior approval under Section 17A of PC Act needed to probe a bribe demand by a public servant
On 16 October 2026, the Supreme Court (Justices S.V.N. Bhatti and N.V. Anjaria) held in Tejaram vs State of Rajasthan that prior approval under Section 17A of the Prevention of Corruption Act is not needed to investigate a bribe demand, as it is unconnected with official duties.
Summary
The Supreme Court held on 16 October 2026 that prior approval under Section 17A of the Prevention of Corruption (PC) Act, 1988 is not required to investigate a public servant's demand for a bribe, because such a demand is a pure criminal act unconnected with the discharge of official functions. A Bench of Justices S.V.N. Bhatti and N.V. Anjaria (judgment by Justice Anjaria) dismissed the appeal of Rajasthan police constable Tejaram against the framing of a charge under Section 7 of the PC Act. The Court said Section 17A applies only where the alleged offence is relatable to a decision taken or recommendation made by the public servant in discharge of official duties, and cannot have an 'omnibus application'.
Key facts
- Case
- Tejaram vs State of Rajasthan, 2026 INSC 1147
- Date of judgment
- 16 October 2026
- Bench
- Justices S.V.N. Bhatti and N.V. Anjaria (author: Justice Anjaria)
- Held
- No Section 17A prior approval needed to probe a bribe demand
- Section 17A
- Prior approval for enquiry/investigation of offences relatable to decisions or recommendations of public servants in official duties
- Charge upheld
- Section 7, PC Act, 1988
- Outcome
- Appeal dismissed
Practice MCQs 3 questions
In October 2026, the Supreme Court held that prior approval under which section of the Prevention of Corruption Act, 1988 is not needed to investigate a bribe demand by a public servant?
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Correct answer: C — Section 17A
Which Supreme Court Bench delivered the October 2026 judgment in Tejaram vs State of Rajasthan on Section 17A of the PC Act?
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Correct answer: D — Justices S.V.N. Bhatti and N.V. Anjaria
Consider the following statements about the Supreme Court's judgment of 16 October 2026 in Tejaram vs State of Rajasthan: 1. The Court held that Section 17A applies only where the alleged offence is relatable to a decision taken or recommendation made by a public servant in discharge of official duties. 2. The Court allowed the constable's appeal and quashed the charge under Section 7 of the PC Act. Which of the statements given above is/are correct?
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Correct answer: A — 1 only