Sanction for conducting enquiry, inquiry or Investigation by any police officer, under Section 17A of the Prevention of Corruption Act, 1988, is required only for offenses related to a public servant’s official decisions and recommendations.
In Shankara Bhat and Ors. vs. State of Kerala and Ors. [MANU/KE/2227/2021], the Kerala High Court held that the protection afforded by Section 17A of the Prevention of Corruption Act, 1988 (PCA), is exclusively confined to offenses arising from a public servant’s recommendations made or decisions taken in the discharge of her official duties.
This protection does not extend to offenses such as misappropriation of funds, fraud, falsification of accounts, criminal breach of trust, or conspiracy, as these acts are not considered part of a public servant’s official functions. Consequently, any investigation into these types of offenses does not require prior approval under Section 17A.
The purpose of the provision is to protect public servants who act in bona fide discharge of their official duties.
