Section 17A of PCA : Section 17A: Enquiry Or Inquiry Or Investigation Of Offences Relatable To Recommendations Made Or Decision Taken By Public Servant In Discharge Of Official Functions Or Duties

Explanation using Example

Imagine a scenario where a senior government official in a state department is alleged to have made a decision that favored a particular contractor in exchange for a bribe. This decision led to a substandard construction project which caught the attention of the authorities.

Before the police can investigate this public servant for corruption under the Prevention of Corruption Act, 1988, they must first obtain approval from the state government, as the alleged offense is related to a decision taken by the official in the course of their official duties. If the official was employed in connection with the affairs of the Union, then approval from the Union government would be required instead.

However, if the official was caught red-handed accepting a bribe, the police could arrest them on the spot without needing prior approval.

The state government has a maximum of three months, extendable by one month with recorded reasons, to respond to the request for approval to investigate the official.