The Rajasthan High Court stated that the protection under Section 17A of the Prevention of Corruption Act does not apply to claims of personal misconduct or actions that are not part of a public servant’s official responsibilities.
The Rajasthan High Court stated that if a claimed offence relates to personal misconduct or actions outside a public servant’s official duties, the protection under Section 17A of the Prevention of Corruption Act, 1988 is not applicable. The Court was reviewing a Criminal Miscellaneous Petition aimed at dismissing an FIR filed against them under Section 7 of the Prevention of Corruption Act, 1988, as well as Sections 201, 384, and 120B of the IPC. Justice Rajendra Prakash Soni noted, “Section 17A of the Act is relevant only for offences that stem from actions or decisions directly associated with a public servant’s official role. If the alleged offence involves personal misconduct or actions outside their official duties, this protection does not apply.”
An FIR was lodged against several individuals for cheating in a competitive exam. During the investigation, an ASI and his team arrested Surendra Dhariwal, confiscated cash and electronic devices from him, and reportedly asked for a bribe of Rs. 5 lakh. After getting bail, Dhariwal encountered more demands at the police station for his items to be returned. He recorded these conversations using a pen drive voice recorder and later gave the recordings to an ACB constable. This resulted in FIRs against CI Ranidan Singh and ASI for bribery and misconduct. The Court noted, “if a public servant asks for a bribe, no approval is needed under Section 17A to catch him. Whether the trap is successful or not, the act of accepting or trying to accept a bribe is considered a crime, and only then does the need for inquiry or investigation arise.”
The Court observed that the new rule stops public servants from investigating any offense under the Act, except during immediate arrests linked to their official actions, unless they first get permission from the proper authority. The Court also stated that filing an FIR against the Petitioners without this approval is invalid from the start. Therefore, the Court granted the Petitions.
Cause Title: Ranidan Singh v. State of Rajasthan (Neutral Citation: 2024:RJ-JD:41050)
Appearance:
Appellant: Senior Advocate Vikas Balia, Advocates Sachin Saraswat, Ashok Choudhary, Chandra Shekhar Kotwani and Manoj Choudhary
Respondent: PP Lalit Kishor Sen, PP Sharwan Singh Rathore and Rajak Khan
