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Sec 13, Prevention of Corruption Act 1988: Criminal misconduct by a public servant

Section 13 (Criminal misconduct by a public servant) under Chapter III (Offences and Penalties) of the Prevention of Corruption Act 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.❞



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Notes:

The Prevention of Corruption Act, 1988 was amended by the:
 - the Lokpal and Lokayuktas Act, 2013 (Act No. 01 of 2014);
 - the Prevention of Corruption (Amendment) Act, 2018 (Act No. 16 of 2018).

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