• Prevention of Corruption Act Section 13

Has any amendment been introduced to SEC 13 of PREVENTION OF CORRUPTION ACT 1988, what is the latest definition of SEC 13 of PREVENTION OF CORRUPTION ACT, what is the punishment against Sec 13. Can an offense be registered without prior approval of competent authority against a public servant for offences mentioned in Sec13 of PCA?
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

14 Answers

No it can’t be registered.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

1. Section 13 is amended vide 2018 amendment the section is amended as below -

In section 13 of the principal Act, for sub-section (1), the following shall be
substituted, namely:—
“(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.”.

The government’s prior permission is must before initiating any enquiry, inquiry or investigation against a public servant on charges of corruption.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sec 13 PC Act cannot be directly charged on any employee without the departmental enquiry.

Punishment under 13 PC Act is 5 years 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. There is no major amendment in section 13 except the subordinate of the public servant is added for commission of offence. 

2. No prior permission of competent authority is necessary except the previous sanction as prescribed under section 197 of croc.

 

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

After going through the facts of your case and questions I would answer as follows:-

1- Yes ,there is an amendment to section 13 as sub section 1 with  prospective effect  from 26th July 2018 . It hold public servants responsible for mis-use of entrusted property directly to him or someone has misappropriated under his authority. This amendment was carried out in view of preventing illegal grant of loan by Public Sector Banks to its customers and accounts holder.

2 -Yes offence can be registered even prior sanction of competent authorities under section 197 Cr.P C 1973 but Magistrate/ Judge Court of Law can not take cognizance of charge sheet until competent authorities has accorded sanctions against public servants specifically for prosecution. 

3-The punishment for the section 13 is minimum 4 years of  sentence of imprisonment and payment of fine which may extend to maximum 10 years of sentence of imprisonment and sentence to pay fine.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Section 13 of the PC Act provides that obtaining, by a public servant, pecuniary advantage or valuable thing for himself or for any other person by corrupt or illegal means or by abusing his position or without any public interest, shall amount to an offence of criminal misconduct punishable under the Act.

 

2) One major change proposed by the amendment is to criminalise the act of bribe-giving as an independent offence and provide that anyone who offers, promises or gives undue advantage to any person to induce the public servant to perform public duty improperly would constitute a cognisable offence. The Act therefore, proposes to make bribe-giving as an offence punishable with imprisonment for a term which may extend to 7 years or with fine, or both.

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

1. Public Servant can be prosecuted for corruption "ONLY" after taking permission from the dept. head.  Depending on circumstances, punishment varies from 1-7 years with Fine.

2. Note that actual conviction rate is hardly 3% in Corruption cases against Public servants.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Section 13 in The Prevention of Corruption Act, 1988

13. Criminal misconduct by a public servant.—

(1) A public servant is said to commit the offence of criminal misconduct,—

(a) if he habitually 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 7; or

(b) if he habitually 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,—

(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or

(e) 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. Explanation.—For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.

(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.

 

 

Section 19 of the PC Act obligates previous sanction necessary from the competent authority for prosecution of offences committed by public servants under the said Act. Previous sanction is mandatory only for prosecution and not for initiating investigation/inquiry. Also, it is restricted only to serving public servants.

There have been instances too where unsustainable inquiries/investigations have been initiated against public servants–serving and post-retirement–on account of false complaints/allegations. In such cases, previous sanction for prosecution does not really help in that till such stage of seeking previous sanction for prosecution arrives, the damage has already been done to the image and reputation of a public servant by the initiation of a preliminary enquiry (PE) or regular case (RC). 

 

This process also included unnecessary arrests in some cases of such public servants.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

Yes you need approval of competent authority only if the said offence is related to the routine act of discharge of his duties

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

Prior approval is require for prosecution and not for registering FIR and investigation.

Amendment included abatement of offence. Means whoever tries to bribe shall be punish for term upto 7 years.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

As desired, Definition of Sec.13 culled out hereunder:

 

Section 13 in The Prevention of Corruption Act, 1988

  1. Criminal misconduct by a public servant.—

(1) A public servant is said to commit the offence of criminal misconduct,—

(a) if he habitually 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 7; or

(b) if he habitually 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,—

(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or

(e) 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. Explanation.—For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.

(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.

- Punishment will be from one year up to seven years, (Point No.2 above) and shall be  liable to fine also.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Section 13(1)(d) as it existed prior to its repeal on 26 July 2018:

“13. Criminal misconduct by a public servant.—(1) A public servant is said to commit the offence of criminal misconduct. 

(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or

(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than four year but which may extend to ten years and shall also be liable to fine.”

this was the most used provision in the Prevention of Corruption Act, 1988. It was of particular use in cases of corruption at higher places.

Since Section 13(1)(d) has now been repealed and there is no Saving clause in the Amending Act of 2018, in order to find out what happens to the existing cases under this provision (registered prior to 26 July 2018, which may be under investigation, under trial or in different stages of appeal), we have to refer to Section 6 of the General Clauses Act, 1897, which lays down as under:

“6. Effect of repeal.—Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not—

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of any enactment so repealed or any thing duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.”

From the language of Section 6 of the General Clauses Act, it can easily be seen that the repeal of Section 13(1)(d) of the Prevention of Corruption Act does not affect any investigation or any legal proceedings (such as trial or appeal) that was already existing prior to such repeal. Likewise, if any act had already been committed (prior to 26 July 2018) which would amount to an offence under the said 13(1)(d) prior to its repeal, but the FIR was yet to be registered, even in such case the FIR for such act can still be registered even now, even though this legal provision has been repealed. This is quite clear from the language of Section 6 of the General Clauses Act, 1897.

Therefore, it should be quite clear that all existing proceedings under Section 13(1)(d), relating to acts committed prior to its repeal, shall continue to be valid as if this provision had not been repealed.

However, of course, if any act is committed after the repeal of the said provision, i.e., on or after 26 July 2018, which would otherwise have been an offence under that provision, no FIR can be registered now for such act, and no other legal proceeding can now be conducted under Section 13(1)(d) for such new acts.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Section 13 of PC act

Criminal misconduct by a public servant.—

(1) A public servant is said to commit the offence of criminal misconduct,—

      (a) if he habitually 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 7; or

       (b) if he habitually 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,—

               (i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

               (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

               (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or

      (e) 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. Explanation.—For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.

 

 

(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.

 

Yes offence can be registered Without prior approval of competent authority.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. FIR can be registered without any prior approval, but sanction is required at the time of taking of cognizance by the court.

2. The maximum imprisonment under Section 13 is 7 years.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

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