The Prevention of Corruption Act, 1988

Section 13. Criminal misconduct by a public servant.

The Prevention of Corruption Act, 1988

Bare Act

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.

Judgments on Section 13

  • M.Natarajan vs State Rep.By — Madras High Court, 26 Jul 2010. As per Yashpal v. State of Punjab, in a conspiracy 'there must be unity of object or purpose but there may be plurality of means sometimes even unknown to one another, amongst the conspirators', so every collaborator is…
  • M. Natarajan vs State By Inspector Of Police, Spe, Cbi, Acb Chennai — Supreme Court of India, 7 May 2008. Immunity under the Kar Vivad Samadhan Scheme, 1998 is confined to offences under the direct and indirect tax enactments defined in ss.87(h) and 87(j) — including the Customs Act, 1962 — and cannot be stretched to cover…
  • The Deputy Director Directorate Of Enforcement Delhi vs Axis Bank & Ors — Delhi High Court, 2 Apr 2019. An order of attachment under PMLA is not illegal merely because a secured creditor holds a prior charge over the property; a bona fide third-party claimant must prove lawful acquisition for adequate consideration…