Act Number: 49

Act Name: The Prevention of Corruption Act, 1988

Year: 1988

Enactment Date: 1988-09-09

Long Title: An Act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith.

Ministry: Ministry of Personnel, Public Grievances and Pensions

Department: Department of Personnel and Training

Section 13: Criminal misconduct by a public servant.
    1[(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 2[four years] but which may extend to 3[ten years] and shall also be liable to fine.
Notes:
1. Subs. by Act 16 of 2018, s. 7, for sub-section (1) (w.e.f. 26-7-2018).
2. Subs. by Act 1 of 2014, s. 58 and the Sch., for "one year" (w.e.f. 16-1-2014).
3. Subs. by s. 58 and the Sch., ibid., for "seven years" (w.e.f. 16-1-2014).
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