Sanction for inquiry or Investigation 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 v. State of Kerala and Ors., 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 or decisions made in the discharge of their 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 provision’s purpose is to protect public servants who act in bona fide discharge of their official duties.
