Legislative Dictionary - C

Judicial Dictionary


Legislative Dictionary


Criminal Misconduct by a Public Servant

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CategoryC
TitleCriminal Misconduct by a Public Servant
Details

A public servant is said to commit the offence of criminal misconduct so

(a) if he accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the Penal Code, or

(b) if he accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, or

(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, or

(d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains or attempts to obtain for himself on for any other person any valuable thing or pecuniary advantage, or

(e) if he, or any of his dependents, is in possession, for which the public servant cannot reasonably account, of pecuniary resources or of property -disproportionate to his known sources of income.

Explanations.In this clause "dependent" in relation to a public servant, means his wife, children and step-children, parents, sisters and minor brothers residing with and wholly dependent on him.

[See section 5 (1), the Prevention of Corruption Act, 1947 (Act No. II of 1947)].
Created OnJune 4, 2011, 5:48 AM
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