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Section 13: Criminal misconduct by a public servant.

The Prevention of Corruption Act, 1988Central Act · Act 49 of 1988

[(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.

Where this provision sits

ActThe Prevention of Corruption Act, 1988
Section13
Marginal noteCriminal misconduct by a public servant.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it344

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 16 of 2018. . Subs. by Act 16 of 2018, s. 7, for sub-section (1) (w.e.f. 26-7-2018).
  • substituted, Act 1 of 2014. . Subs. by Act 1 of 2014, s. 58 and the Sch., for "one year" (w.e.f. 16-1-2014).
  • substituted. . Subs. by s. 58 and the Sch., ibid., for "seven years" (w.e.f. 16-1-2014).

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