Supreme Court Delivers Split Verdict On Constitutional Validity Of Section 17A Of Prevention Of Corruption Act Mandating Prior Sanction For Investigation

[14/01, 10:43] Sekarreporter: Supreme Court Delivers Split Verdict On Constitutional Validity Of Section 17A Of Prevention Of Corruption Act Mandating Prior Sanction For Investigation

https://www.verdictum.in/court-updates/supreme-court/centre-for-public-interest-litigation-v-union-of-india-2026-insc-55-pca-1604409

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[14/01, 10:43] Meta AI: The Supreme Court has delivered a split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, which mandates prior sanction for investigating public servants. Justice B.V. Nagarathna ruled that Section 17A is unconstitutional, stating it protects corrupt officials and contradicts the Act’s objective. On the other hand, Justice K.V. Viswanathan upheld the provision, emphasizing the need to protect honest officers from frivolous complaints, and suggested that the Lokpal or Lokayukta should decide on sanctions.

The case will now be referred to a larger bench for a final decision. The controversy surrounds whether prior approval is required to investigate public servants for decisions made in their official capacity. ¹ ² ³

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