Section 13 of PCA : Section 13: Criminal Misconduct By A Public Servant

Explanation using Example

Imagine a scenario where Mr. A, a government officer in the transport department, is responsible for managing the department's vehicle fleet. Mr. A secretly uses a government car for personal family trips on weekends. This unauthorized use of a government vehicle for personal benefit is an example of Section 13(1)(a) of The Prevention of Corruption Act, 1988, as he has fraudulently converted property under his control for his own use.

In another instance, Mr. B, a tax inspector, has been living a lifestyle that is extravagant compared to his official salary. Upon investigation, it is discovered that he owns multiple luxury cars and properties which cannot be justified by his income or savings. This raises a presumption under Section 13(1)(b) that Mr. B has illicitly enriched himself, as he possesses assets disproportionate to his known sources of income and cannot satisfactorily explain how he acquired them.

If found guilty, both Mr. A and Mr. B could face imprisonment and fines according to Section 13(2) of the Act.