• Disproportionate assets

Do bank transaction of credit or debit calculated for disproportionate assets ? Currently I do not have any such large assets at any particular point or check period but have few transaction that where done. Even no bank balance or any other property.
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

Bank transactions are considered for calculating disproportionate assets 

 

you should be in position to explain these transactions 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

No....bank transaction are negligible source of disproportionate assets. 

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

1. No your saving accounts will not be called as disproportionate assets. If your balance income fit as per the below law than it will be called as disproportionate assets:

 

1.1 A Public Servant is said to commit the offence of Criminal Misconduct (of possession of disproportionate assets), “if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income”, as laid down under clause (e) of sub-sec.(1) of sec.13 of the Prevention of Corruption Act, 1988. 

1.2 A public servant thus renders himself liable under this provision — 
(i) if he or any person on his behalf – 
(a) is in possession of pecuniary resources or property; 
(b) at any time during the period of his service; 
(ii) if such pecuniary resources or property are disproportionate to his known sources of income; 
(iii) if he cannot satisfactorily account for such disproportion. 

1.3 The offence on the part of the public servant is his being in possession of assets disproportionate to his known sources of income and his not being able to account for the disproportion. The public servant commits the offence by no specific act of his, nor on any particular day relatable to any act of his. He commits the offence not merely by acquiring assets but by being in possession of assets and such assets of which he is in possession being disproportionate to his known sources of income. Acquisition of assets or possession thereof per se does not constitute an offence. 

1.4 The assets are disproportionate, if on a given date chosen for the purpose, they are found to exceed the total savings he meeting the total expenditure incurred by him. It is an offence only if the assets are disproportionate to his known sources of income. 

1.5 The date of commission of the offence is the day chosen for the purpose, on which date it is established that the public servant is in possession of disproportionate assets whatever be the dates of acquisition of the assets. 

1.6 This is a unique provision in the Prevention of Corruption Act, the possession of disproportionate assets itself constituting an offence of criminal misconduct, based on the unstated presumption that the assets to the extent they are disproportionate are acquired by corrupt or illegal means or by abuse of official position, without requirement of any proof thereof.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes all the transactions are considered when dealing with a disproportionate assets case.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

IF the transaction is of small amount, benefits of doubt given.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Bank transactions for huge amounts may not be considered for disproportionate assets case but it may attract the sore eyes of the income tax department if they are alerted about the abnormal transaction in the said account.

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

Dear Client 

Disproportionate assets describe a situation where an individual's net economic assets significantly exceed the assets he or she should possess after accounting for the assets that he or she previously held and all legal sources of income.

Of there are relatively large transaction that are fishy can be counted as money laundering if you don't have any asset or bank balance. But not under disproportionate assets.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are in doubt of whether having been covered or not in the category of disproportionate assets.

  2. Disproportionate Assets is a term used in India to describe a situation where an individual's net economic assetssignificantly exceed the assets he or she should possess after accounting for the assets that he or she previously held and all legal sources of income.
  3. No, assets mean here is with respect to the Property, but surely not the money used in the bank transactions.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer