📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!

  • google app store apple app store
  • ✖

      Question

      Who grants approval under Section 17A of the PC

      Act?
      A High Court Correct Answer Incorrect Answer
      B Magistrate Correct Answer Incorrect Answer
      C Lokpal Correct Answer Incorrect Answer
      D Competent authority of the public servant Correct Answer Incorrect Answer
      E CBI Director Correct Answer Incorrect Answer

      Solution

      Under Section 17A of the Prevention of Corruption Act, 1988, prior approval is required before initiating any prosecution against a public servant. This approval must be granted by the competent authority empowered to remove that public servant from office. The rationale behind this requirement is administrative accountability: it prevents frivolous, arbitrary, or politically motivated prosecutions against public officials carrying out their duties. This safeguards the independence of decision-making authorities and ensures that only serious and justified allegations proceed. Courts, the Lokpal, magistrates, or investigating agencies cannot grant this sanction; their role is limited to judicial review after prosecution is initiated. This provision balances the state’s interest in combating corruption with protecting public servants from undue harassment. Option D is correct because it directly reflects the statutory framework and purpose. Options A, B, and C incorrectly suggest judicial or investigative authorities are empowered, which is legally incorrect, while Option E misstates the authority’s role.

      Practice Next

      Relevant for Exams:

      ask-question