Kuber Bhatt Advocates is a leading law firm specializing in anti-corruption law and the Prevention of Corruption Act, 1988 (PC Act). We provide expert legal assistance for cases involving misappropriation of assets, bribery, money laundering, and other corruption-related offenses, with a proven track record in defending clients in high-profile CBI cases.
Misappropriation of Assets under the Prevention of Corruption Act, 1988
As per Section 13(b) of the Prevention of Corruption Act, a public servant is deemed to have committed the offense of misappropriation of assets if they intentionally enrich themselves illicitly during their period in office.
- Explanation 1: A public servant is presumed to have illicitly enriched themselves if they possess pecuniary resources or property disproportionate to their known sources of income, which cannot be satisfactorily explained.
- Explanation 2: Known sources of income refers to lawful income sources.
If the prosecution successfully proves these elements, the public servant may face imprisonment for 4 to 10 years, in addition to a fine.
Ingredients to Prove Misappropriation of Assets:
To substantiate charges under Section 13(b), the prosecution must prove the following:
- The accused is a public servant.
- The nature and extent of the pecuniary resources or property in the possession of the accused.
- The known sources of income of the accused, as known to the prosecution.
- The prosecution must prove that the resources or property found with the accused were misappropriated and do not match the known sources of income.
Once these elements are proven, the burden of proof shifts to the accused to explain the assets and account for them.
Possession of Misappropriated Assets:
The prosecution must establish that the pecuniary assets held by the public servant are disproportionate to their known sources of income. If the public servant fails to account for this excess, the offense is complete.
Demand and Acceptance of Bribe:
To prove an offense under the PC Act, there must be clear evidence of a demand and acceptance of unlawful gratification or bribe by the public servant. Mere allegations of demand are insufficient for conviction.
Our Expertise in Handling Anti-Corruption Cases:
Kuber Bhatt Advocates has extensive experience in dealing with corruption-related offenses and has a solid track record in defending clients against allegations under the Prevention of Corruption Act. We are recognized as one of the best criminal law firms in Mumbai and specialize in CBI cases and anti-corruption law. Led by one of the top criminal lawyers for CBI cases and anti-corruption matters, we are committed to providing diligent and strategic legal representation for our clients.
If you are facing charges under the Prevention of Corruption Act or dealing with anti-corruption matters, Kuber Bhatt Advocates is here to provide expert legal guidance and representation.