The Prevention of Corruption Act, 1988
CHAPTER III: OFFENCES AND PENALTIES
Section 13: Criminal Misconduct By A Public Servant
Bare Act
(1) A public servant is said to commit the offence of criminal misconduct,
- (a) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do; or
- (b) if he intentionally enriches himself illicitly during the period of his office. Explanation 1 - A person shall be presumed to have intentionally enriched himself illicitly if he or any person on his behalf, is in possession of or has, at any time during the period of his office, been in possession of pecuniary resources or property disproportionate to his known sources of income which the public servant cannot satisfactorily account for. Explanation 2 - The expression ''known sources of income'' means income received from any lawful sources.
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than four years but which may extend to ten years and shall also be liable to fine.
Simplified Act
Simplified Explanation:
A government worker commits a crime when:
- (a) They take or use property they're responsible for in a dishonest way, or let someone else do so; or
- (b) They make a lot of money illegally while in their government job. Simple Explanation 1 - It's assumed a government worker made money illegally if th… Read the complete text with KanoonGPT Pro.
Explanation using examples
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.
