State police can probe corruption cases against central staff: SC

In a landmark judgement ruling with wide implications for anti-corruption investigations, the Supreme Court has held that state police authorities are empowered to investigate cases of bribery and corruption against Central government employees under the Prevention of Corruption Act (PC Act) and can also file charge sheets without requiring prior approval from the Central Bureau of Investigation (CBI), so analyse the legal luminaries of the state.

A Bench comprising Justice P.S. Narasimha, Pardiwala and Justice Satish Chandra Sharma on Monday clarified that offences under the PC Act can be investigated by state police, central agencies, or any authorised police force, subject to the condition laid down in Section 17 of the Act that the investigating officer must be of a prescribed rank.

The court categorically stated that Section 17 does not bar State police or special State agencies from registering or probing corruption cases against Central government employees. It further clarified that State police do not need to obtain prior consent from the CBI before initiating such proceedings.

The Bench observed that, for reasons of administrative convenience and to avoid duplication of work, investigations into corruption and bribery cases involving Central government employees and institutions are generally entrusted to the CBI. Similarly, cases involving State government employees are typically handled by State Anti-Corruption Bureaux (ACB). However, this administrative arrangement does not restrict the statutory powers of State police.

The court also noted that offences under the Prevention of Corruption Act are cognisable in nature, giving State police the legal authority to register cases and conduct investigations in accordance with law. A retirned IPS officer of Karnataka state cadre told Hans India that this singular judgement will help the police to be independent to a great extent when dealing with corruption cases.

The ruling came while upholding a Rajasthan High Court order that had refused to quash a corruption case registered against a Central government employee by the Rajasthan ACB. The High Court had held that the ACB was competent to initiate criminal proceedings under the PC Act, despite the accused being a Central government employee.

Endorsing the High Court’s reasoning, the Supreme Court said the view that “only the CBI can take legal action” in such cases is incorrect and that the High Court had adopted the correct legal approach.

The verdict is expected to strengthen anti-corruption enforcement by clarifying jurisdictional powers and preventing procedural hurdles in investigations.