Demanding a bribe is a pure criminal act that has nothing to do with official duties, and a public servant accused of it cannot claim the protective shield of Section 17A of the Prevention of Corruption Act, 1988, the Supreme Court has held, according to Live Law and Verdictum. A Bench of Justices S.V.N. Bhatti and N.V. Anjaria said no prior approval under Section 17A is required to investigate an alleged bribe demand.

The Court was deciding an appeal by Tejaram, a Rajasthan Police constable posted at the office of the Deputy Superintendent of Police in Sirohi, who challenged the framing of a charge against him under Section 7 of the Act. He was accused of demanding a bribe of Rs 1.5 lakh (yaani one and a half lakh rupees) on behalf of the Superintendent of Police; an FIR was registered in June 2021. The Rajasthan High Court had dismissed his challenge on March 26, 2025.

'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,' the Bench held, adding that Section 17A 'cannot be viewed to have an omnibus application' and that the proceedings could not be said to be vitiated for want of sanction. The Court relied on its earlier rulings in CBI v. Santosh Karnani (2023) and Anil Daima v. State of Rajasthan (2026).

Section 17A, inserted in 2018, bars police from enquiring into offences allegedly committed by a public servant in the discharge of official functions without prior approval. The judgment, delivered on October 16, clarifies that this protection applies only where the alleged act is linked to an official recommendation or decision — not to a demand for illegal gratification — and upholds the trial against the constable.

Sources: Live Law, Verdictum, Jurishour, agency reports.