• Anticorruption 13 1 e

1. Source of income is from rent and verifiable but not reported to govt agency where accused is working so is it legal or illegal 

2. Can accused change statement once chargesheet is filled in disproportionate assets case ?
Asked 2 years ago in Criminal Law from Navi Mumbai, Maharashtra
Religion: Other
1. It is not illegal though it should be disclosed to the employer.
2. What statement do you mean to say? His statement is recorded before charge sheet only if he confesses his guilt before the Magistrate.
Elaborate your query more.
Devajyoti Barman
Advocate, Kolkata
12502 Answers
160 Consultations

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1. No, it is not illegal.
2. What statement do you mean to say? The accused person record his statement only of he confesses his guilt before the Magistrate.
Devajyoti Barman
Advocate, Kolkata
12502 Answers
160 Consultations

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1) Please state detailed facts of your case 

2) rental income should have been declared by accused if accused did not have anything to hide . How did accused acquire the property in question ? If it was from
Legitimate sources accused would have declared it to govt agency 

3) contradictory statements made by accused will only hurt accused case . 
Ajay Sethi
Advocate, Mumbai
44207 Answers
2562 Consultations

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1. If the source of income is traceable then the mere failure to report it to the govt agency does not lead to a presumption of the income being illegal.

2. The accused is at liberty to change his statement but this will prejudice his defence.
Ashish Davessar
Advocate, Jaipur
22963 Answers
631 Consultations

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1. As per circular issued by the Govt. all employees are required to submit annual statement about their assets,

2. The accused can submit the changed statement but it may not be accepted unless adequate acceptable ground for such concealment is submitted alongwith.
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

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The provisions of section 13(1)(e) of The Prevention of Corruption Act, 1988 is :
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.

In your case the rental income source can be disclosed even now, there is no legal infirmity in it i the property from which the revenue augmented has been purchased out of the income of known sources or if the assets were already declared. 

Once a statement has been recorded from the accused the police may not take his statement once again, hence the accused can defend himself by examining himself as a defence witness and can state whatever he would like aver before the court, but the hidden danger in this is that the statements right or wrong shall be his own responsibility. 
T Kalaiselvan
Advocate, Vellore
34366 Answers
368 Consultations

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