UPSC Prelims Practice Questions — SC split on sanction to prosecute public servants

Q1. Under which one of the following sections of the Prevention of Corruption Act, 1988 is prior approval of the competent authority mandatory before a police officer initiates any enquiry, inquiry or investigation against a public servant for an act relatable to a recommendation made or decision taken in discharge of official functions?

• A. Section 13
• B. Section 17A
• C. Section 19
• D. Section 23

Q2. With reference to Section 17A and Section 19 of the Prevention of Corruption Act, 1988, consider the following statements: 1. Section 19 requires prior sanction before a court takes cognisance of an offence by a serving public servant, whereas Section 17A requires prior approval before a police officer initiates an enquiry, inquiry or investigation. 2. Section 17A was inserted by the Prevention of Corruption (Amendment) Act, 2018, while the sanction requirement under Section 19 has existed since the parent Act of 1988. 3. Unlike Section 19, Section 17A applies even to offences unconnected with any recommendation made or decision taken by a public servant in discharge of official functions. Which of the statements given above is/are correct?

1. Section 19 requires prior sanction before a court takes cognisance of an offence by a serving public servant, whereas Section 17A requires prior approval before a police officer initiates an enquiry, inquiry or investigation.
2. Section 17A was inserted by the Prevention of Corruption (Amendment) Act, 2018, while the sanction requirement under Section 19 has existed since the parent Act of 1988.
3. Unlike Section 19, Section 17A applies even to offences unconnected with any recommendation made or decision taken by a public servant in 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, consider the following statements: 1. It was inserted into the parent Act by the Prevention of Corruption (Amendment) Act, 2018. 2. It mandates prior approval before initiating an enquiry, inquiry or investigation against a public servant for acts done in discharge of official functions. 3. The 'competent authority' empowered to grant such prior approval is, in every case, the Central Vigilance Commission. 4. Prior approval under this section is required even before the registration of an FIR / initiation of investigation against the public servant. Which of the statements given above is/are NOT correct?

1. It was inserted into the parent Act by the Prevention of Corruption (Amendment) Act, 2018.
2. It mandates prior approval before initiating an enquiry, inquiry or investigation against a public servant for acts done in discharge of official functions.
3. The 'competent authority' empowered to grant such prior approval is, in every case, the Central Vigilance Commission.
4. Prior approval under this section is required even before the registration of an FIR / initiation of investigation against the public servant.

• A. 1 and 3
• B. 2 and 4
• C. 1, 2 and 4
• D. 3 only

Q4. In his separate opinion in the 2026 split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, Justice K.V. Viswanathan upheld the provision subject to the direction that prior approval for investigation should be granted by which one of the following authorities?

• A. The Central Bureau of Investigation
• B. The Central Vigilance Commission
• C. The Lokpal or the State Lokayuktas
• D. The Department of Personnel and Training, Ministry of Personnel

Q5. In the context of Section 17A of the Prevention of Corruption Act, 1988, the expression 'previous approval' precisely refers to which one of the following?

• A. Sanction by a Court of Session before a chargesheet can be filed against a public servant
• B. Approval of the authority competent to remove the public servant from office, obtained before any enquiry, inquiry or investigation is initiated against him for acts done in discharge of official functions
• C. Permission of the Presiding Officer of the House before a sitting legislator-cum-public servant is questioned
• D. Consent of the Lokpal before an FIR is registered against any Group 'A' officer of the Union