In Reena N v. State of Kerala [2025:KER:49923] the Kerala High Court has clarified that the requirement for prior approval under Section 17A of the Prevention of Corruption Act, 1988, does not apply when a public servant is arrested during a trap operation.
The Exception in Trap Operation
The High Court observed that no previous approval is needed to arrest a public servant who is caught on the spot accepting or attempting to accept an undue advantage.
This exception is explicitly provided for in the first proviso to Section 17A of the Act. It allows law enforcement agencies to act immediately in situations where a public servant is apprehended in the act of taking a bribe that is related to their official functions.
The General Rule for Other Offences
This exception remain in contravention with the general rule under Section 17A, which applies to other corruption allegations. For any offense alleged to have been committed by a public servant, relatable to an official recommendation or decision taken, a police officer cannot conduct an enquiry, inquiry, or investigation without the previous approval of the appropriate sanctioning authority.
The second proviso to Section 17A of the act mandates that this authority must decide on the approval within three months, with a possible extension of one month.
Conclusion
The general rule requiring sanction is designed to protect honest officials from vexatious allegations, while the exception for trap operations upholds the public interest by ensuring corrupt officials can be caught red-handed.
