Prevention of Corruption Act, 1988 · Chapter III: Offences and Penalties
Section 13: Criminal misconduct by a public servant
[(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.]
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than [four years] but which may extend to [ten years] and shall also be liable to fine.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 13
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MMTC Limited v. Anglo American Metallurgical Coal Pvt. Limited
Issue arose whether the High Court was justified in not entertaining the objections filed by the appellant u/s.47 CPC and in dismissing the same; and whether at least prima facie the case of breach of fiduciary duty has…
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IN RE: MEPUNG TADAR BAGE, MEMBER, ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION versus
Leakage of question paper of Assistant Engineer (Civil) Mains Examination conducted by the Arunachal Pradesh Public Service Commission (APPSC), on 26th and 27th August, 2022, led to the present reference by the Hon’ble…
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K. Pounammal v. State Represented by Inspector of Police
Issue arose as regards the reduction of sentence awarded to the inspector convicted and sentenced u/ss.7 and 13(2) rw s.13(1)(d) of the Prevention of Corruption Act, 1988 for demanding and accepting a bribe from a…
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Mini v. CBI/SPE Cochin
This appeal is by widow of the deceased convict against the judgment and order of the High Court whereby conviction of her husband, u/ss.7, 13(1)(d) r/w s.13(2) of the Prevention of Corruption Act, 1988, has been upheld.
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A. Karunanithi v. The State Represented by Inspector of Police
Issue arose as regards the correctness of the order passed by the High Court upholding conviction and sentence of the appellants u/ss.13 and 7 of the Prevention of Corruption Act, 1988 for demand and acceptance of…
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Union of India & Ors. v. R. Shankarappa
Issue arose as regards the correctness of the order passed by the High Court that in cases where a charge-sheet has been issued u/r.14 of the CCS CCA Rules, by authority empowered to inflict minor penalties, then the…
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G. Mohandas v. State of Kerala & Ors.
Matter pertains to the correctness of the order passed by the High Court refusing to quash FIR against the appellants-officials of the Municipal Corporation and the builder u/s.13(1)(d) r/w s.13(2) of the Prevention of…
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State by Deputy Superintendent of Police v. B.T. Ramesh & Anr.
Issue arose whether the High Court was justified in quashing the criminal proceedings, on the grounds of the chargesheet having been filed more than four years after the date of the alleged incident and lack of…
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N.S. Gnaneshwaran Etc. v. The Inspector of Police & Anr.
Whether the criminal proceedings against the appellants for offences u/s.120B r/w ss.420, 468, 471, Penal Code, 1860 and u/s.13(2) r/w s.13(1)(d), Prevention of Corruption Act, 1988 ought to be quashed.
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Kasireddy Upender Reddy v. State of Andhra Pradesh and Ors.
Whether the arrest of the appellant’s son was per se illegal for want of supply of appropriate and meaningful grounds of arrest, as alleged.
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Visakhapatnam v. Eluri Srinivasa Chakravarthi and Others
Whether the two letters could have been looked at or relied upon by the Special Court for exercising its jurisdiction u/s.239, Code of Criminal Procedure, 1973.
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State of Lokayuktha Police, Davanagere v. C B Nagaraj
Issue arose as regards the correctness of the order passed by the High Court setting aside the order of conviction of the respondent u/ss.7, 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 for the demand of…
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P Krishna Mohan Reddy v. The State of Andhra Pradesh
Whether the statement of an accused u/s.161, Cr.P.C implicating co-accused can be looked into qua such co-accused at the stage of anticipatory bail or regular bail; whether the High Court exercised its discretion in a…
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P. Shanthi Pugazhenthi v. State Represented by the Inspector of Police Spe/Cbi/Acb/Chennai
Whether the appellant was rightly convicted for abetment of offence u/s.13(1)(e) of the Prevention of Corruption Act, 1988.
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P. Nallammal v. State By The Inspector of Police, Vigilance and
Matter pertains to appeal challenging the conviction and sentence of the appellant u/s.109 IPC r/w ss.13(1)(e) and 13(2) of PC Act; appeal challenging the attachment Order as modified by the High Court; and the appeal…
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Aman Bhatia v. State (GNCT of Delhi)
Issue arose whether the High Court was right in holding that a licensed stamp vendor falls within the ambit of a public servant for the purposes of Prevention of Corruption Act, 1988; and whether the conviction of the…
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Dashrath v. The State of Maharashtra
The conviction of the appellant as well as the sentence imposed on him u/ss.7 and 13(1)(d) r/w. s.13(2) of the Prevention of Corruption Act, 1988 is questioned.
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Central Bureau of Investigation v. Ramesh Chander Diwan
Whether the High Court was right in holding that sanction under Section 197, Cr.PC not having been obtained, the respondent should be discharged for the offences registered under Sections 120B and 420 of the IPC against…
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State of Karnataka v. Sri Channakeshava.H.D. & Anr.
Whether the High Court erred in quashing the FIR against the respondent no.1-public servant under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988 in a case of Disproportionate Assets,…
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Anti Corruption Chennai City-I Department v. G. Easwaran
The High Court quashed the criminal proceedings against the respondent u/s.13(2) r/w. s.13(1)(e) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to known sources of income while…
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Tr. A. Babu v. State of Tamil Nadu
Matter pertains to the quantum of sentence imposed on the appellant and his release on bail on deposit of enhanced amount of fine.
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Pradeep Nirankarnath Sharma v. Directorate of Enforcement & Anr.
The High Court dismissed the appellant’s criminal revision application and refused to the quash the order of the Trial Court rejecting the appellant’s discharge application in a case for offences under the Prevention of…
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M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd.
Issue arose whether a complaint filed u/s.138 of the Negotiable Instruments Act, can be ordered to be transferred from one court to the other having territorial jurisdiction to try the offence in exercise of powers…
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Hiralal Babulal Soni v. The State of Maharashtra & Ors.
Issue arose as regards the sustainability of the conviction of the accused u/s.120B and 411 IPC, when the seized gold bars are not the same gold bars linked to the fraudulent transactions.
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State of Karnataka v. T.N. Sudhakar Reddy
Whether High Court was justified in quashing the FIR registered against the Respondent in the absence of a preliminary enquiry before registration of FIR under the provisions of the Prevention of Corruption Act, 1988;…
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Airports Authority of India v. Pradip Kumar Banerjee
Whether the Division Bench of the High Court was correct in setting aside the order of dismissal of the respondent.
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Biswajit Das v. Central Bureau of Investigation
Conviction for offences under section 468 r/w section 120(B), section 271 and section 465 r/w 120(B) and section 420 r/w section 120(B) of the Indian Penal Code, 1860 (“IPC”) as well as section 13(1)(d) read with…
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The State of Punjab v. Hari Kesh
Whether the High Court was justified in quashing the Sanction Order and setting aside the proceedings arising therefrom, thereby allowing the petition filed by the accused.
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Anil Bhavarlal Jain & Anr. v. The State of Maharashtra & Ors.
Whether criminal proceedings can be quashed on the basis of a settlement arrived at between the parties on the consent terms drawn and submitted before the Debt Recovery Tribunal.
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The State of Karnataka v. Chandrasha
Issue as regards the correctness of the order passed by the High Court setting aside the conviction of the respondent-government servant u/ss.7 and 13(1)(d) r/w s.13(2) of the Prevention of Corruption Act, 1988 for…
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Central Bureau of Investigation v. Ashok Sirpal
Matter pertains to the challenge to the order passed by the High Court suspending the sentence of imprisonment and the fine imposed on the accused who was convicted for embezzlement of Rs. 46 lakhs.
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Tarina Sen v. Union of India & Anr.
Issue arose as to whether the continuation of the criminal proceedings against the appellants would be justified, when the matter has been compromised between the borrower and Bank.
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K. Bharthi Devi and Anr. v. State of Telangana and Anr.
Despite the dispute involved having predominantly overtures of a civil dispute and the matter having been compromised between the parties, whether the High Court was justified in dismissing the quashing petition filed…
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V. Senthil Balaji v. The Deputy Director, Directorate of Enforcement
Matter pertains to grant of bail to former Tamil Nadu transport minister against whom complaint was filed for offence u/s.3 PMLA, which is punishable u/s.4 PMLA for his alleged involvement in the job racket scam.
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Yogarani v. State by The Inspector of Police
Issue arose, if the court can convict one accused and acquit the other when there is similar or identical evidence pitted against two accused persons.
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Abhishek Banerjee & Anr. v. Directorate of Enforcement
Matter pertains to seeking quashing of the summons issued to the appellants by the Enforcement Directorate, seeking their personal appearance in New Delhi with the documents sought for, pertaining to the FIR registered…
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Baccarose Perfumes and Beauty Products Pvt. Ltd v. Central Bureau of Investigation & Anr.
Whether the High Court was justified in dismissing the Revision Application against the rejection of the discharge application moved by the appellant-Company.
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M/S Karnataka Emta Coal Mines Limited and Another v. Central Bureau of Investigation
The present appeals challenge the Order on Charge dated 24.12.2021 and Order framing Charges dated 03.03.2022 passed by the Special Judge (Prevention of Corruption Act) Central Bureau of Investigation registered…
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Mahendra Kumar Sonker v. The State of Madhya Pradesh
Whether the conviction of the appellant under s.353 of the Indian Penal Code, 1860 (IPC) can be sustained without proving assault and use of criminal force.
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Parvinder Singh Khurana v. Directorate of Enforcement
The issue involved in these appeals concerns the power of the High Court or Sessions Court to grant an interim order of stay of operation of an order granting bail till the disposal of the application for cancellation…
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Mir Mustafa Ali Hasmi v. The State of A.P.
The question arose whether the prosecution was able to prove beyond all manner of doubt the fact that the appellant demanded and accepted bribe from the complainant; and whether the courts below were justified in…
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The State of Punjab v. Partap Singh Verka
Correctness of the order passed by the High Court setting aside the order of the trial court which had summoned respondent u/s 319 CrPC to face the trial for the offences u/s. 7/13(2) of the Prevention of Corruption…
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C. Subbiah @ Kadambur Jayaraj and Others v. The Superintendent of Police and Others
Matter pertains to the permissibility of suing the accused for a civil wrong, in relation to the benami transactions, as a corollary, allowing criminal prosecution of the accused in relation to the same cause of action.
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Vipin Sahni and Another v. Central Bureau of Investigation
Whether it is open for High Court to convert or treat a petition filed under section 482 Cr.P.C., as one filed under section 397 Cr.P.C.
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Puneet Sabharwal v. CBI
The charges were framed against the appellants. While the charge against the appellant-P was u/s. 109 IPC r/w. s.13(1) (e) and 13(2) of the Prevention of Corruption Act, 1988, the charge against appellant-R was u/s.…
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Satyendar Kumar Jain v. Directorate of Enforcement
Whether the appellants have been able to satisfy the twin conditions laid down in s. 45 of the Prevention of Money Laundering Act, 2002, that there are reasonable grounds for believing that the persons accused of the…
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In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
The issues were : (i) Whether Tiger Safaris and Zoos are on the same footing; (ii) Whether establishment of a ‘Tiger Safari’ at Pakhrau in Corbett Tiger reserve was legal; (iii) Illegal construction in Corbett Tiger…
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Central Bureau of Investigation v. Kapil Wadhawan & Anr.
Whether the respondents were entitled to the benefit of the statutory right conferred under the proviso to s.167(2), Cr.P.C, on the ground that the investigation qua some of the accused named in the FIR was pending,…
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Shadakshari v. State of Karnataka & Anr.
Whether sanction u/s. 197 Cr.P.C. is required to prosecute respondent No. 2 who faces accusation amongst others of creating fake documents by misusing his official position as a Village Accountant, thus a public…
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Nara Chandrababu Naidu v. The State of Andhra Pradesh & Anr.
Interpretation of s.17A, Prevention of Corruption Act, 1988 incorporated by the Prevention of Corruption (Amendment) Act, 26 of 2018 and its applicability to the facts of the present case.
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Gurdev Singh Bhalla v. State of Punjab & Ors
Whether the High Court was justified in dismissing the Revision filed by the appellant against the order of the Special Judge allowing the application u/s. 319 CrPC summoning the appellant along with three other…
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Tarun Kumar v. Assistant Director Directorate
Appellant was arrested on the fourth supplementary complaint filed u/ss.44, 45, Prevention of Money Laundering Act, 2002, in continuation of three complaints in the Complaint Case, for the commission of the offence of…
- Bhisham Lal Verma v. State of Uttar Pradesh
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Pankaj Bansal v. Union of India & Ors.
Whether the arrest of the appellants u/s. 19 of the Prevention of Money Laundering Act, 2002 was valid; whether there was proper compliance with s.19(1) of the Act of 2002 and as to whether the Vacation Judge/Additional…
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P. Sarangapani (Dead) Thr. Lr Paka Saroja v. State of Andhra Pradesh
Whether the High Court was justified in confirming the conviction of appellant-accused no.1 u/s. 7 and s.13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.
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A. Sreenivasa Reddy v. Rakesh Sharma and Anr.
Whether the appellant, an Assistant General Manager of a Nationalised Bank is removable from his office save by or with the sanction of the Government so as to make s.197, CrPC applicable; and if he can be proceeded…
- A. Srinivasulu v. The State Rep. by the Inspector of
- Y. Balaji v. Karthik Desari & Anr. Etc.
- Directorate of Enforcement v. Aditya Tripathi
- Acharya v. State of Maharashtra, (2001) 5 SCC 453 : 2001
- State Through Central Bureau of Investigation v. Hemendhra Reddy & Another. Etc.
- Jitendra Kumar Rode v. Union of India
- Anoop Bartaria & Etc. v. Dy. Director
- Central Bureau of Investigation v. Santosh
- Soundarajan v. State Rep. by the Insp. of Police
- Neeraj Dutta v. State (Govt. of N.C.T. of Delhi)
- The State of Chattisgarh & Anr. v. Aman Kumar
- Neeraj Dutta v. State (Govt. of N.C.T. of Delhi)
- T.P. Gopalakrishnan v. State of Kerala
- Directorate of Enforcement v. Padmanabhan Kishore
- Vijay Rajmohan v. State Represented by the Inspector of Police, Cbi, Acb, Chennai, Tamil Nadu
- Kanchan Kumar v. The State of Bihar
- P. Dharamaraj v. Shanmugam & Ors.
- State Through Deputy Superintendent of Police v. R. Soundirarasu Etc.
- Pushpendra Kumar Sinha v. State of Jharkhand
- Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- State Bank of India and Ors v. Dr. Vijay Mallya
- S.P. Velumani v. Arappor Iyakkam and Ors.
- Asset Reconstruction Company (India) Limited v. S. P. Velayutham & Ors
- Kalyan Dombivali Municipal Corporation v. Sanjay Gajanan Gharat and Another
- Rajesh Gupta v. State Through Central Bureau of Investigation
- The State of Karnataka & Anr v. Umesh
- The Secretary, Local Self Government Department & Ors. Etc. v. K. Chandran Etc.
- Abhay Jain v. The High Court of Judicature for Rajasthan and Anr
- Sri Narendra Kumar A. Baldota v. The State of Karnataka
- Serious Fraud Investigation Office v. Rahul Modi & Ors.
- Devas Multimedia Private Ltd. v. Antrix Corporation Ltd. & Anr
- N. Raghavender v. State of Andhra Pradesh, CBI
- State of Odisha v. Pratima Mohanty Etc.
- The State by S.P. Through the Spe CBI v. Uttamchand Bohra
- Pradeep S. Wodeyar v. The State of Karnataka
- National Confederation of Officers Association of Central Public Sector Enterprises and Ors. v. Union of India and Ors.
- The State of Jammu & Kashmir and Others v. Dr. Saleem Ur Rehman
- Bureau of Investigation (Cbi) and Anr. v. Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi and Anr.
- The State of Kerala v. K. Ajith & Ors.
- Charansingh v. State of Maharashtra and Others
- Bhima Razu Prasad v. State, Rep. by Deputy Superintendent of Police, Cbi/Spe/Acu-Ii
- Sachin Kumar & Ors. v. Delhi Subordinate Service Selection Board (Dsssb) & Ors.
- The State Represented by the Deputy Superintendent of Police v. Tr N Seenivasagan
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