Act II of 1947 · 8 pages
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THE PREVENTION OF CORRUPTION ACT, 1947
CONTENTS
1 Short title and extent.
2 Interpretation.
3 Offences under sections 161 to 165 of the Penal Code to be cognizable offences.
Presumption where public servant accepts gratification other than legal
4
remuneration.
5 Criminal misconduct.
5B Declaration of assets.
5C Possession of property disproportionate to known sources of income.
6 Previous sanction necessary for the prosecution.
7 Accused person to be competent witness.
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THE PREVENTION OF CORRUPTION ACT, 1947
1ACT No. II OF 1947
[11th March, 1947]
An Act for the more effective prevention of bribery and corruption
WHEREAS it is expedient to make effective provision for the prevention of bribery and
corruption;
It is hereby enacted as follows:__
1. Short title and extent.__(1) This Act may be called the Prevention of Corruption Act, 1947.
2[(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan and persons in the
service of Government wherever they may be.]
3* * * * * * *
1 For Statement of Objects and Reasons, see Gazette of India, 1946, Pt.V. p.374. See also Pakistan Criminal Law Amdt.Act,1948 (19 of 1948).
The Act has been applied to Baluchistan, see Gazette of India, 1947. Pt.I, p.535.
The Act has been applied to whole of the Province of West Pakistan by the West Pakistan Ordinance 31 of 1958, s.2.
It has been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950).
It has also been amended in its application to the Province of West Pakistan by W.P.Ord.17 of 1960, s.2 (with effect from the 17th May, 1960).
2 Subs.by the Central Laws (Statute Reform) Ordinance, 1960(21 of 1960),s.3 and 2nd Sch. (with effect from the 14th October, 1955), for the original subsection (2), as amended by
A.O., 1949.
3 The original subsection (3) omitted by the Prevention of Corruption (Amdt.) Act, 1949 (9 of 1950), s.2.
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2. Interpretation. For the purpose of this Act, “public servant” means a public servant as defined
in section 21 of the Pakistan Penal Code (XLV of 1860) 1[and includes an employee of any
corporation or other body or organization set 2[controlled or administered by, or under the authority
of,] the 3[Federal Government]].
3. Offences under sections 161 to 165 of the Penal Code to be cognizable offences. An offence
punishable under Section 161 4[, 162, 163, 164, 165 or 165A] of the Pakistan Penal Code (XLV of
1860) shall be deemed to be cognizable offence for the purpose of the Code of Criminal Procedure,
1898 (V of 1898), notwithstanding anything to the contrary contained therein:
5* * * * * * *
6[4. Presumption where public servant accepts gratification other than legal
remuneration._(1) Where in any trial of an offence punishable under section 161 or section 165 of
the Pakistan Penal Code (XLV of 1860) it is proved that an accused person has accepted or obtained,
or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification
(other than legal remuneration) or any valuable thing from any person, it shall be presumed unless the
contrary is proved that he accepted or obtained, or agreed to accept or attempted to obtain, that
gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in
the said section 161 or, as the case may be, without consideration or for a consideration which he
knows to be inadequate:
5* * * * * * *
7[(2) Where in any trial of an offence punishable under section 165A of the Pakistan Penal Code
(Act XLV of 1860), it is proved that any gratification (other than legal remuneration) or any valuable
thing has been given or offered to be given or attempted to be given by any accused person, it shall be
presumed unless the contrary is proved, that he gave or offered to give or attempted to give that
gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in
section 161 of the said Code, or, as the case may be, without consideration or for a consideration
which he knew to be inadequate.
1 Added by the AntiCorruption Laws amendment Act, 1965 (12 of 1965), s.2 and Sch.
2 Subs. by the Prevention of Corruption Laws (Amendment) Act, 1977 (13 of 1977), s.2 and Sch. for “by”.
3 Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government”.
4 Subs. by the Criminal law Amended Act, 1953 (37 of 1953),s.5, for “or section 165.
5 Proviso omitted ibid., s. 5.
6 Section 4 renumbered as subsection (1) of that section, ibid., s.5.
7 Subsections (2) and (3) added ibid., s.5.
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(3) Notwithstanding anything contained in subsections (1) and (2), the Court may decline to
draw the presumption referred to in either of the said subsections if the gratification or thing
aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.]
5. Criminal misconduct.__ (1) A public servant is said to commit the offence of criminal
misconduct 1* * *
(a) if he 2* accepts or obtains, or agrees to accept or attempts to obtain from any person for
himself or for any other person, any gratification (other than legal remuneration) as a
motive or reward such as is mentioned in section 161 of the Pakistan Penal Code (XLV of
1860), or
(b) if he 2* accepts or obtain or agrees to accept or attempts to obtain for himself or for
any other person, any valuable thing without consideration or for a consideration which
he knows to be inadequate, from any person whom he knows to have been, or to be, or to
be likely to be concerned in any proceeding or business, transacted or about to be
transacted by him, or having any connection with the official functions of himself or of
any public servant to whom he is subordinate, or from any person whom he is
subordinate, or from any person whom he knows to be interested in or related to the
person so concerned, or
(c) 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
(d) if he, by corrupt or illegal means, or by otherwise abusing his position as public servant,
obtains for himself or for any other person any valuable thing or pecuniary advantage 3[,
or]
4[(e) If he, or any of his dependants, is in possession, for which the public servant cannot
reasonably account of pecuniary resources or of property disproportionate to his known
sources of income.
1 The words “in the discharge of his duty” omitted by the Prevention of Corruption (Amdt.) Act, 1949 (9 of 1950),s.3.
2 The word “habitually” omitted, ibid.
3 Subs. by the AntiCorruption Laws Act, 1965 (12 of 1965),s.2 and Sch., for full stop.
4 Added ibid.
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Explanation._ In this clause, "dependant" in relation to a public servant, means, his wife, children
and stepchildren, parents , sisters and minor brothers residing with and wholly dependent on him.]
(2) Any public servant who commits 1[or attempts to commit] criminal misconduct 2* * * shall
be punishable with imprisonment for a term which may extend to seven years or with fine or with
both.
(3) In any trial of an offence punishable under subsection (2) the fact that the accused person or
any other person on his behalf is in possession, for which the accused person cannot satisfactorily
account, of pecuniary resources or property disproportionate to his known sources of income may be
proved, and on such proof the Court shall presume, unless the contrary is proved, that the accused
person is guilty of criminal misconduct 3* * * and his conviction there for shall not be invalid by
reason only that it is based solely on such presumption.
4[(4) The provisions of this section shall be in addition to, and not in derogation of, any other law
for the time being in force, and nothing contained herein shall exempt any public servant from any
proceedings which might, apart from this section, be instituted against him.]
5[5A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of
1898), no officer below the rank of 6[Inspector] shall investigate any offence punishable under any of
the sections of the Pakistan Penal Code (Act XLV of 1860), mentioned in Section 3 or any offence
punishable under Section 5 without an order of a Magistrate of the first class or make an arrest there
for without a warrant.]
1 Ins. ibid.
2 The words “in the discharge of his official duty” omitted by the prevention of corruption (Amdt.) Act, 1949 (9 of 1950),s.3.
3 The words “in the discharge of his official duty” omitted ibid.
4 Subs. by the Criminal Law Amendment Act, 1953 (37 of 1953),s.5,for the original subsection (4).
5 New Section 5A, ins.ibid., s.5.
Section 5A, 5B and 5C,have been ins. In its application to the Province of W. Pakistan by W.P. ord. No.17 of 1960.,s.2.)
6 Subs. by Act 12 of 1965, s.2 and Sch., for “Deputy Superintendent”.
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1[5B. Declaration of assets._(1) When the Provincial Government on receipt of information and
after making such enquiries as it may deem necessary, is satisfied that there is reason to believe that
any public servant or any other person on his behalf is in possession of pecuniary resources or
property disproportionate to the known sources of income of such public servant it may, by order,
require such public servant or other person to furnish in the prescribed manner and within the
prescribed time a statement of his property and liabilities and such information relating thereto as may
be required by the order.
(2) If such public servant or person__
(a) upon being so required by an order under subsection (1) fails to furnish the statement or
information or furnishes a statement or information which he knows or has reasonable
cause to believe to be false or not true in any material particular, or
(b) makes in any book, account, record, declaration, return or other document, which he is
required by an order under subsection (1) to furnish; any statement which he knows or
has reasonable cause to believe to be false or not true in any material particular,
he shall be punishable with imprisonment for a term which may extend to three years and shall
also be liable to fine.]
5C. Possession of Property disproportionate to known sources of income.__(1) Any public
servant who has in his possession any property, movable or immovable either in his own name or in
the name of any other person, which there is reason to believe to have been acquired by improper
means and which. is proved to be disproportionate to the known sources of income of such public
servant shall, if he fails to account for such possession to the satisfaction of the Court trying him, be
punishable with imprisonment for a term which may extend to seven years and with fine, and on such
conviction the property found to be disproportionate to the known sources of income of the accused
by the Court shall be forfeited to the Provincial Government.
(2) The reference in subsection (1) to property acquired by improper means shall be construed as
reference to property acquired by means which are contrary to law or to any rule or instrument
having the force of law or by coercion, undue influence, fraud or misrepresentation within the
meaning of the Contract Act, 1872.]
1 Ins. by W.P. Ord. XVII of 1960, s.2 in its application to the Province of West Pakistan.
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6. [Previous sanction necessary for the prosecution.]__ Omitted by the Criminal Law
Amendment Act, 1953 (XXXVII of 1953) .,s.5.
7. Accused person to be competent witness. Any person charged with any offence punishable
under Section 161 or Section 165 of the Pakistan Penal Code or under subsection (2) of Section 5 of
this Act shall be a competent witness for the defence and may give evidence on oath in disproof of
the charges made against him or any person charged together with him at the same trial:
Provided that__
(a) he shall not be called as a witness except on his own request,
(b) his failure to give evidence shall not be made the subject of any comment by the
prosecution or give rise to any presumption against himself or any person charged
together with him at the same trial,
(c) he shall not be asked, and if asked shall not be required to answer, any question tending to
show that he has committed or been convicted of any offence other than the offence with
which he is charged, or is of bad character, unless__
(i) the proof that he has committed or been convicted of such offence is
admissible evidence to show that he is guilty of the offence with which he is charged,
or
(ii) he has personally or by his pleader asked questions of any witness for the
prosecution with a view to establish his own good character, or has given evidence of
his good character, or the nature or conduct of the defence is such as to involve
imputations on the character of the prosecutor or of any witness for the prosecution,
or
(iii) he has given evidence against any other person charged with the same offence.
______
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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