Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Nanda Kishore (Teacher)     26 July 2019

Prevention of corruption act. 2018

If a person is arrested under sections 13(1)(b),how long it may take to get bail. What is the maximum quantum of punishment?


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 2 Replies

jayakumar.j (advocate)     26 July 2019

Expalin full facts.

minakshi bindhani   11 November 2021

As per your concern!

Before the 2018 amendment act, section 13 of the prevention corruption Act, 1988 speaks about 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 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 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 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 any other person any valuable thing or pecuniary advantage; or

ii) by abusing his position as a public servant, obtains for himself or 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 this section, “known sources of income” means income received from any lawful source and such receipt has been intimated by the provisions of any law, rules or orders for the time applying 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.

To sum up that, the maximum quantum punishment is 7years and there is no such fixed limitations period applying for bail.

Hope it is useful!
Regards
Minakshi Bindhani

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