section 5
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The Jammu and Kashmir Prevention of Corruption Act, 1949General194913 sections
Statutory text
- (e) if he or any person on his behalf is in possession or has, at any time during the period of his office, been in possession, for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation.-- For the purpose of clause (e) "property" includes any interest in any property, movable or immovable, and the proceeds of sale thereof, and any money or investment in the name of the public servant or any other person on his behalf, and in the case of any person who is or has been a Member of the Council of Ministers other than the Chief Minister, or the Chief Minister, or a member of either House of the State Legislature, the property shall also include any interest in any property belonging to his spouse, dependent children or any person in whom he is interested: Provided that nothing in this clause shall restrict the power of the Court to hold that the possession of such resources or property or pecuniary resources is a circumstance from which the guilt of the accused may be inferred.
- (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine: Provided that the Court may, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year but not less than six months.
- (3) Whoever commits--
- (i) an offence punishable under section 161 or section 165 of the State Ranbir Penal Code, Samvat 1989; or
- (ii) an offence punishable under section 161-A or section 167-A of the State Ranbir Penal Code, Samvat 1989; shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine: Provided that the Court may, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year but not less than six months.
- (4) Whoever attempts to commit an offence referred to in clause (c) of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
- (5) Where a sentence of fine is imposed under sub-section (2) or sub-section (3), the Court in fixing the amount of fine shall take into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence, or where the conviction is for an offence referred to in clause (e) of sub-section (1), the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily.
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