Question
Consider the following statements regarding Section 13 (Criminal Misconduct) of PCA, 1988: Statement 1: Criminal misconduct includes dishonest misappropriation of entrusted property. Statement 2: Criminal misconduct requires proving illicit enrichment exceeding a specified threshold. Statement 3: A public servant unaccountably possessing property beyond known sources commits criminal misconduct. Statement 4: Punishment for criminal misconduct is imprisonment from 4 to 10 years. Which statements are correct?
Solution
Section 13(1)(a) addresses misappropriation—Statement 1 is correct. No specific threshold is defined—Statement 2 is incorrect. Section 13(1)(b) addresses illicit enrichment—Statement 3 is correct. Punishment is 4-10 years—Statement 4 is correct. Statements 1, 3, and 4 are correct.
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