1.Section 17A Investigation Sanction Rule (Anti-Corruption Law)
What & Where
Section 17A: clause in Prevention of Corruption Act 1988 (amended 2018) governs India-wide corruption probes
Bars police enquiry, inquiry, investigation into offence tied to official decision without prior competent-authority nod
Exemption: trap cases where public servant caught accepting bribe red-handed
Quick Facts for MCQs
Legal & Policy
- Objective: shield honest officials from vexatious probes while retaining bribery crackdown
- Viswanathan: approval to be independent, ideally via Lokpal or Lokayukta channel
- Difference: unlike Section 19, 17A operates pre-investigation not prosecution
Judicial Precedent
- 1998 Vineet Narain struck Single Directive as Article 14 violation
- 2014 Subramanian Swamy voided DSPE Act Section 6A for similar prior-approval filter
- 2026 split verdict triggers referral to larger Supreme Court Bench
Administrative Procedure
- Timeline: competent authority must convey decision within 3 + 1 months window
- Exemption: trap operations proceed immediately, facilitating on-the-spot evidence collection
Key Data Points
| Feature | Data-Point |
|---|---|
| Insertion year | 2018 Amendment Act |
| Parent law | Prevention of Corruption Act 1988 |
| Approval covers | Enquiry, inquiry, investigation stages |
| Competent authority | Union Govt / State Govt / removal-empowered authority |
| Trap case rule | No prior approval needed |
| Decision deadline | 3 months + 1 month extension with reasons |
| Separate safeguard | Section 19 sanction only for prosecution |
| 2026 SC view | Split: Viswanathan upholds conditionally; Nagarathna declares unconstitutional |




