Section 13 in The Prevention of Corruption Act, 1988
13. Criminal misconduct by a public servant.
- [(1) A public servant is said to commit ... offence of criminal misconduct,- (a) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted
tion of the case, and thereby he committed the offence of
criminal misconduct under s. 5 ( 1 )(e), punishable under ... initiate criminal proceedings
against public servant before exhausting the disciplinary
proceedings, and a fortiori, the prosecution of a Judge for
criminal misconduct before his removal
SC1676 (15)
R 1992 SC1310 (9)
ACT:
Tamilnadu Public Men (Criminal Misconduct) Act, 1973-
Whether inconsistent with the provisions of Code of Criminal
Procedure ... Legislature passed an Act
known as the Tamil Nadu Public Men (Criminal Misconduct)
Act, 1973 after obtaining the assent of the President. The
State
Section 5 in Prevention of Corruption Act, 1947
5. Criminal misconduct in discharge of official duty.
(1) A public servant is said to commit ... offence of criminal misconduct: - (a) if he habitually accepts or obtains on agrees to accept or attempts to obtain from any person for himself
under section 4(1)
of the Act to an offence of criminal misconduct specified in
section 5(1)(a) and (b) and not to that ... created by section 5(1) but
only raised a presumption of criminal misconduct if he or
any person on his behalf was in possession
depositions of the
witnesses are sufficient to prove the offence of ―criminal misconduct‖
within the meaning of Section ... Criminal Misconduct 13. Criminal misconduct by a public
servant
(1) A public servant is said to commit (1) A public servant is said to commit
SC1186 (11)
ACT:
Corruption-Criminal misconduct in discharge of official
duty Conviction based on presumption- Validity-Prevention of
Corruption ... rule of evidence for the purpose of
proving the offence of criminal misconduct as defined in s.
5(l) for which an accused person
SC1186 (11,13)
R 1990 SC1459 (30)
ACT:
Prevention of Corruption-Criminal misconduct in discharge of
official duty-Charge in respect of specific instances ... held him guilty of criminal misconduct in the discharge of
his official duty under s. 5(1)(d) of the Act, concerning
the conviction
could
not satisfactorily account and you thereby
committed the offence of criminal misconduct
punishable under subs. (2) read with section ... court it can be held that the accused is guilty of
criminal misconduct and if yes, of what category." He
further held that
read with the
sub-section (2), because the expression "criminal
misconduct" in sub-section (2) takes in the definition of
criminal misconduct ... case give all the necessary relevant facts
constituting the offence of criminal misconduct.
It is true that the charge should have contained better
particulars
