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Investigation Into Cases Under The Prevention Of Corruption Act, 1988

Section 17. Persons authorised to investigate

Normally, the police can investigate crimes, but for certain cases only following officers can investigate:
  1. Delhi - an Inspector of Police
  2. Big cities - only an Assistant Commissioner of Police
  3. Other places - a Deputy Superintendent of Police or an equivalent rank officer

Approval Requirements

However, they can't investigate without permission from a Metropolitan Magistrate or a Magistrate of the first class, and they can't make an arrest without a warrant, except in special cases where the State Government allows an Inspector of Police to investigate without permission.

Section 17A: Enquiry, Inquiry, or Investigation of Offenses by Public Servants

No police officer can investigate an alleged offense committed by a public servant under this Act without prior approval, if it is related to recommendations or decisions made by that public servant while performing their official duties.
  1. For Union government employees - Central Government's sanction is required.
  2. For State government employees - State Government's sanction is needed.
  3. For other public servants - The authority that can remove them from their office should grant sanction.
  4. Exceptions: Approval is not needed for cases involving the immediate arrest of a person caught accepting or attempting to accept an undue advantage for themselves or someone else.

Approval Timing:
The relevant authority must communicate its decision under this section within three months. This period can be extended by one month if the authority provides written reasons for the extension.

Written By: Harshavardhan Prakash Deshmukh, 4th Year Of B.A.LL.B. - Modern Law College, Pune,

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