Section 17 The Prevention of Corruption Act,
⚖️ Section 17 – Persons authorised to investigate
Under the Prevention of Corruption Act, 1988
📜 Bare Act Language (as per original Act before amendments):
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no police officer below the rank of:
Inspector of Police in the case of Delhi Special Police Establishment (CBI), or
Deputy Superintendent of Police (DySP) in any other case
shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be.
✅ Explanation in Simple Terms:
Only senior police officers (minimum rank of DySP or CBI Inspector) can conduct investigations under this Act.
This section is meant to prevent misuse or trivialization of corruption investigations by lower-ranking officers.
It ensures accountability and seriousness in anti-corruption probes.
⚠️ Important Update – After the 2018 Amendment:
The Prevention of Corruption (Amendment) Act, 2018 introduced a requirement of prior approval for investigating public servants.
🔸 Section 17A (Inserted in 2018):
No police officer shall conduct any enquiry or investigation into any offence alleged to have been committed by a public servant under this Act without prior approval from the appropriate Government (Central or State).
So, now there is an additional safeguard:
First, approval is needed (Section 17A),
Then only a senior officer (as per Section 17) can investigate.
🧠 Objective of Section 17:
To maintain discipline, control, and quality in corruption investigations and to ensure that senior officers handle such sensitive matters.
🔍 Example Scenario:
If a government clerk is accused of taking a bribe:
A DySP or higher officer will be assigned to investigate (as per Section 17),
And prior approval from the government is now required before investigation (as per Section 17A).
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