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Bank Officials l Prevention of Corruption Act l Section 7 l Dr. Jinesh Soni l 2025

Bank officials can be protected from prosecution under the Prevention of Corruption Act (PC Act) through specific provisions and court interpretations. Specifically, Section 17A of the PC Act mandates prior sanction from a competent authority for any inquiry or investigation against a public servant (including bank officials) for an alleged offense committed while in the discharge of their duty. This requirement ensures that investigations are not initiated lightly and that honest officials are protected from vexatious prosecutions.
Elaboration:
Section 17A:
This section of the PC Act, introduced by the Prevention of Corruption (Amendment) Act, 2013, requires prior approval from an appropriate authority before an inquiry or investigation can be initiated against a public servant, including bank officials, for alleged offenses committed while in the discharge of their duty.
Prior Sanction:
The Delhi High Court has noted that this provision ensures that investigations are not started without strong evidence of wrongdoing, thus protecting honest officials who may have made decisions in good faith.
Purpose of Section 17A:
The provision aims to prevent frivolous investigations and prosecutions, ensuring that officials are not subjected to unnecessary legal proceedings for actions taken in the ordinary course of their duties.
Interpretation:
The Supreme Court has clarified that while the PC Act covers offences that cannot be considered as part of official duties, the requirement of prior sanction under Section 17A applies even if the act exceeds the official authority, provided the action was ostensibly in the discharge of duty.
Impact on Decision-Making:
The protection offered by Section 17A aims to encourage bank officials to make decisions without undue fear of prosecution, fostering a more efficient and effective banking system.

Dr. Jinesh Soni
Advocate
9772946899

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Видео Bank Officials l Prevention of Corruption Act l Section 7 l Dr. Jinesh Soni l 2025 канала SONI ARENA LAW LECTURE SERIES - HINDI
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