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      Question

      Which is required to prove disproportionate assets

      according to the PC Act?
      A Exact source of illicit money Correct Answer Incorrect Answer
      B Possession of assets disproportionate to known lawful income Correct Answer Incorrect Answer
      C Demand for bribe Correct Answer Incorrect Answer
      D Prior approval under Section 17A Correct Answer Incorrect Answer
      E Proof of habitual bribery Correct Answer Incorrect Answer

      Solution

      Under Section 13(1)(e) of the PC Act, prosecution for possession of disproportionate assets requires proving that the public servant possesses assets disproportionate to their known sources of lawful income. Once disproportion is established, the burden shifts to the accused to provide a satisfactory explanation of the source of the assets. The law does not require evidence of the precise source of illegal income, prior bribe demand, or habitual bribery. This shift in burden ensures that public servants can be held accountable while also giving them an opportunity to demonstrate lawful acquisition. Option B accurately describes the evidentiary requirement. Options A, C, D, and E are incorrect because they either impose an unnecessary evidentiary burden on the prosecution or misstate statutory requirements. 

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