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Sec 17A, Prevention of Corruption Act 1988: Enquiry or Inquiry or investigation of offences

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) under Chapter IV (Investigation into cases under the Act) of the Prevention of Corruption Act 1988

❝No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval—

 (a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;

 (b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;

 (c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed:

 Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person:

 Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.❞



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Notes:

The Prevention of Corruption Act, 1988 was amended by the:
 - the Lokpal and Lokayuktas Act, 2013 (Act No. 01 of 2014);
 - the Prevention of Corruption (Amendment) Act, 2018 (Act No. 16 of 2018).

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