UPSC Prelims Practice Questions — Should corruption charges need prior sanction?
Q1. Section 17A, which mandates prior approval of the competent authority before any police inquiry or investigation against a public servant for an act done in discharge of official functions, was inserted into the Prevention of Corruption Act, 1988 by which one of the following enactments?
- A. The Lokpal and Lokayuktas Act, 2013
- B. The Prevention of Corruption (Amendment) Act, 2018
- C. The Central Vigilance Commission Act, 2003
- D. The Criminal Law (Amendment) Act, 2013
Q2. With reference to Section 17A and Section 19 of the Prevention of Corruption Act, 1988, consider the following statements:
1. Section 17A requires prior approval of the competent authority before a police officer initiates any enquiry, inquiry or investigation, whereas Section 19 requires sanction before a court takes cognizance of the offence.
2. Section 17A was inserted by the 2018 Amendment, whereas Section 19 was part of the original PCA, 1988.
3. Unlike Section 19, Section 17A applies to all acts of a public servant, including those wholly unrelated to discharge of official functions.
Which of the statements given above is/are correct?
- Section 17A requires prior approval of the competent authority before a police officer initiates any enquiry, inquiry or investigation, whereas Section 19 requires sanction before a court takes cognizance of the offence.
- Section 17A was inserted by the 2018 Amendment, whereas Section 19 was part of the original PCA, 1988.
- Unlike Section 19, Section 17A applies to all acts of a public servant, including those wholly unrelated to discharge of official functions.
- A. 1 and 2 only
- B. 2 and 3 only
- C. 1 and 3 only
- D. 1, 2 and 3
Q3. With reference to Section 17A of the Prevention of Corruption Act, 1988, which of the following are correctly identified as its features?
1. It requires prior approval of the competent authority before any enquiry, inquiry or investigation by a police officer.
2. The competent authority must decide on the request for approval within three months, extendable by one further month.
3. Prior approval is not required in trap cases where the public servant is caught red-handed accepting illegal gratification.
4. Prior approval under Section 17A is required only when the investigating agency is the Central Bureau of Investigation.
Which of the statements given above are correct?
- It requires prior approval of the competent authority before any enquiry, inquiry or investigation by a police officer.
- The competent authority must decide on the request for approval within three months, extendable by one further month.
- Prior approval is not required in trap cases where the public servant is caught red-handed accepting illegal gratification.
- Prior approval under Section 17A is required only when the investigating agency is the Central Bureau of Investigation.
- A. 1, 2 and 3
- B. 1, 3 and 4
- C. 2 and 4 only
- D. 1, 2, 3 and 4
Q4. With reference to the Supreme Court's 2026 split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, consider the following statements:
1. Justice B.V. Nagarathna held Section 17A to be unconstitutional.
2. Justice K.V. Viswanathan upheld Section 17A as constitutionally valid, subject to oversight by an independent authority such as the Lokpal/Lokayukta.
3. The split verdict was rendered in Centre for Public Interest Litigation v. Union of India.
4. Owing to the split verdict, the matter has been referred directly to a five-judge Constitution Bench under Article 145(3) of the Constitution.
Which of the statements given above is NOT correct?
- Justice B.V. Nagarathna held Section 17A to be unconstitutional.
- Justice K.V. Viswanathan upheld Section 17A as constitutionally valid, subject to oversight by an independent authority such as the Lokpal/Lokayukta.
- The split verdict was rendered in Centre for Public Interest Litigation v. Union of India.
- Owing to the split verdict, the matter has been referred directly to a five-judge Constitution Bench under Article 145(3) of the Constitution.
- A. 1 only
- B. 2 only
- C. 3 only
- D. 4 only
Q5. For All India Services officers and central government employees, requests for prior approval under Section 17A of the Prevention of Corruption Act, 1988 are processed by which one of the following as the nodal department/agency of the Union Government?
- A. Central Bureau of Investigation (CBI), Ministry of Personnel
- B. Central Vigilance Commission (CVC)
- C. Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions
- D. Department of Legal Affairs, Ministry of Law and Justice