(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 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 source.
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall not be less than four years but which may extend to ten years and shall also be liable to fine.
Legal Commentary & Landmark Judgments: Section 13
Section 13 defines and penalizes the severe offence of criminal misconduct by a public servant, focusing on dishonest misappropriation and intentional illicit enrichment (disproportionate assets).
By comparing declared lawful earnings against actual net worth, unexplained financial disparities trigger a statutory presumption of illicit enrichment carrying up to ten years imprisonment.
Section 13(1)(b) is the flagship weapon against systemic administrative graft. The prosecution is not required to tie disproportionate assets to individual tainted files. By comparing declared lawful earnings against actual net worth, unexplained financial disparities trigger a statutory presumption of illicit enrichment carrying up to ten years imprisonment.