When can it be said that the Public Servant has committed 'misconduct'?
1. When he fraudulently misappropriates for his own use any property entrusted to him
2. When he dishonestly misappropriates for his own use any property entrusted to him
3. When he intentionally enriches himself illicitly during the period of his office
4. When he is in possession of pecuniary resources or property disproportionate to his known sources of income
Select the correct answer using the code given below:

Correct option is D

The correct answer is (d) 1, 2, 3 and 4.

Explanation

Under the Prevention of Corruption Act (PCA), 1988, "Criminal Misconduct" by a public servant is defined in Section 13. The Act was significantly amended in 2018 to refine these definitions, but the core elements of misappropriation and disproportionate assets remain central to the definition of misconduct.

• Statements 1 and 2 are correct: Section 13(1)(a) states that a public servant commits criminal misconduct if they dishonestly or fraudulently misappropriates (or converts for their own use) any property entrusted to them or under their control as a public servant.
• Statement 3 is correct: Following the 2018 Amendment, Section 13(1)(b) specifically uses the term "intentional enrichment". It states that a public servant commits misconduct if they intentionally enrich themselves illicitly during the period of their office.
• Statement 4 is correct: The law clarifies that "intentional enrichment" is established if the public servant is in possession of pecuniary resources or property disproportionate to their known sources of income, which they cannot satisfactorily account for. This is often referred to as a "DA Case" (Disproportionate Assets).

Information Booster

The 2018 Amendment to the PCA 1988 replaced the older, broader definitions of misconduct with more specific categories to prevent the harassment of honest officials while strictly penalizing illicit wealth.

The Two Pillars of Section 13 (Post-2018):

1. Misappropriation: Dishonest use of government property/funds.
2. Enrichment: Accumulating wealth (assets) that cannot be explained by legal salary and known investments.

Key Legal Presumption: Under the PCA, once the prosecution proves that a public servant has assets significantly beyond their legal income, the court presumes (unless proven otherwise by the accused) that the public servant has intentionally enriched themselves illicitly.

Additional Knowledge

It is important to distinguish between Bribery (Section 7) and Criminal Misconduct (Section 13):