The Supreme Court on Tuesday delivered a split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, which mandates prior sanction of a competent authority before prosecuting any public servant. Section 17A was introduced through an amendment in 2018 to protect public servants from prosecution in corruption cases. While holding the provision unconstitutional, Justice Nagarathna said: “Firstly, the question is whether prior approval within the meaning of Section 17A of the Act has to be given at all? In my view, no such prior approval is required....”She said Section 17A of the Act was nothing but another attempt to resurrect on the statute book what was struck down by this court earlier. Section 17A(c) could also be attracted in cases where the body/organisation/public servant is not covered within the jurisdiction of Lokpal,”he said.

Source: The Telegraph January 14, 2026 01:40 UTC