S.17A PC Act Not Applicable to Illegal Bribe Demands: Supreme Court

The Supreme Court has held that prior sanction under Section 17A of the Prevention of Corruption Act, 1988 is not required in cases involving demand of illegal gratification by public servants.

The Court clarified that Section 17A applies only to offences linked to decisions or recommendations made in the discharge of official duties.

Acts such as demanding or accepting bribes do not fall within the scope of official functions.

Upholding a Rajasthan High Court ruling, the Court further affirmed that State Anti-Corruption agencies are competent to investigate corruption cases against Central Government employees in such circumstances. 

[Anil Daima v. State of Rajasthan & Ors.]