The Supreme Court in one of its decisions said that in case of crimes of bribery and corruption, under the Prevention of Corruption Act, state police officers can investigate and file charge sheets against central government employees. The court also made it clear that prior permission of the Central Bureau of Investigation (CBI) is not required before the state police register a case against any central government employee.
A bench of Justices JB Pardiwala and Satish Chandra Sharma on Monday (January 19, 2026) said that offenses under the Prevention of Corruption Act can be investigated by a state agency or a central agency or any police agency, with the condition that the police officer should be of a particular rank. The bench said that its mention can be seen in Section 17 of the Act.
Section 17 does not prevent the State Police or any special agency of the State from registering or investigating cases relating to bribery, corruption and misconduct against central government employees. The bench said, ‘For convenience and to avoid duplication of work, the Central Bureau of Investigation (CBI) has been entrusted with the investigation of corruption and bribery cases against employees of the Central Government and its undertakings, and the Anti-Corruption Bureau – a special investigating agency of the State – has been entrusted with the investigation of corruption and bribery cases against employees of the State Government and its undertakings.’
The court said that offenses under the Prevention of Corruption Act are cognizable and hence can be investigated by the state police. This order of the Supreme Court has come while upholding the order of the Rajasthan High Court, in which it had refused to quash the corruption case against a central government employee.
The High Court had ruled that even though the accused was a central government employee, the Rajasthan ACB (Anti-Corruption Bureau) had the authority to register a criminal case under the provisions of the Prevention of Corruption Act. The Supreme Court said, ‘The High Court took the right view in saying that it is wrong to say that only the CBI can initiate the prosecution.’
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