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Report No. 29

Appendix 3

Existing Statutory Provisions Penalising Misuse of Position by Public Servants (other than Theft, Co Bribery, Misappropriation and Breach of Trust) Occurring in Various Statutes

Offences regarding misuse of position, etc.

The Act

Section number

Gist of the Section

1

2

3

1. The Prevention of Corruption Act, 1947 (2 of 1947)

5(1)(d) & 5(2)

If a public servant, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains for himself or for any other person, any valuable or any other pecuniary advantage, he shall be deemed to have committed the offence of "criminal misconduct in the discharge of his duties" as defined in section 5(1)(d) and shall be punishable under section 5(2) with imprisonment for term which shall not be less than one year, but which may extend to 7 year, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year.

2. The Indian Penal Code (45 of 1860)

(i) 168

Public servant unlawfully engaging in trade.

(ii) 169

Public servant unlawfully buying or bidding for property.

(iii) 217

(i) Public servant disobeying directions of the law with intent to save person from punishment or property from forfeiture, is liable to imprisonment which may extend to two years, or with fine, or with both.

(iv) 218

Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

(v) 219

Public servant in judicial proceeding corruptly making report, order, verdict or decision which he knows is contrary to law

(vi) 220

Whoever, having legal authority to commit persons for trial or to confinement, or to keep persons for confinement, corruptly or maliciously commits any person for trial or confinement or keeps any person in confinement in the exercise of that authority, knowing that in so doing, he is acting contrary to law, is punishable with imprisonment which may extend to seven years, or with fine, or with both.

(viii) 221

International omission to apprehend on the part of public servant bound to apprehend.

(viii) 222

International omission to apprehend on the part of the public servant, bound to apprehend person under sentence or lawfully committed.

(ix) 225A

Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for in the Indian Penal Code.

3. The Indian Post Office Act, 1898 (6 of 1898)

(I) 54(c)

Whoever, being an officer of the Post Office, being entrusted with the delivery of any postal article, knowingly demands or receives any sum of money inn respect of the postage thereto which is not chargeable under this Act, shall be punishable with imprisonment for a term which may extend to two year, and shall also be punishable with fine.

(ii) 56

An Officer of the Post Office, who sends by post, or puts into any mail bag, any postal article upon which postage has not been paid or charged in the manner prescribed by this Act, intending thereby to defraud the Government of the postage on such postal article, in made punishable with imprisonment for a term which may extend to two years, and is also made punishable with fine.

(iii) 60

Whoever, being appointed to sell postage stamps -

(a) takes from any purchaser for any postage stamp or quantity of postage stamps, price higher than that fixed by any rule made under section 16(3)(a), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 200 or with both; or

(b) commits a breach of any other rule made under section 16(such as regarding fixation of price of postage stamps, regulating the custody, supply and sale of postage stamps and prescribing the duties and remunerations of persons selling postage stamps etc. etc.), shall be punishable with fine which may extend to Rs. 200.

4. The Prison Act, 1874 (9 of 1874)

42 (later part)

An officer of a prison who, contrary to any rule under section 59 of the Prisons Act, knowingly suffers any prohibited article to be introduced into or remove from any prison, to be possessed by any prisoner, or to be supplied to any person outside the limits of the prison or communicates or attempts to communicate with any person or abets in such an offence, is made liable to imprisonment for a term not exceeding six months, or to fine not exceeding rupees 200 or to both.

5. The Reformatory Schools Act, 1897 (8 of 1897)

Section 27 (later part).

Any officer or person incharge of a reformatory school who, contrary to any rule made under section 26 of this Act, knowingly suffers any prohibited article to be introduced into or removed from any reformatory school or contrary to any such rule, communicate or attempts to communicate with any youthful offenders outside the limits of the reformatory school or abets in such offence; is made liable to imprisonment for a term not exceeding six months, or with fine not exceeding Rs. 220 or to both.

6. The Income-Tax Act, 1961 (43 of 1961)

Section 280 read with section 137(2)

A public servant who discloses any particulars, the disclosure of which is prohibited by section 137, is made punishable with imprisonment which may extend to six months, and also to fine.

7. The Customs Act, 1962(52 of 1962)

(I) 136(1)

If any officer of Customs enters into or acquiesces in any agreement to do, abstain from doing, permits, conceals or connives at any act or thing whereby any duty of customs liveable on any goods or thing prohibited for the time being, enforced under this Act, any be evaded, he is made punishable with imprisonment for a term which may extend to two years, or with fine or with both.

(ii) 136(2)

If any officer of Customs corruptly requires any person to be searched for goods liable to confiscation or any document relating thereto, or wrongfully arrests any person or wrongfully searches or authorises any other officer of Customs to search any place, he is made punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

(iii) 136(3)

If any officer of Customs wrongfully discloses any particulars learnt by him is his official capacity in respect of any goods, he is made punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

8. The Manipur (Sale of Motor Spirit & Lubricants) Taxation Act, 1962 (55 of 1962).

27

If any officer or person exercising power under this Act, wrongfully enters or searches, or causes to be entered or searched, any building, vessel, vehicles or building; or vexatiously or unnecessary seizes the property of any person; or vexatiously and unnecessarily detains or searches any person, he is made punishable with fine which m,ay extend to Rs. 500.

9. The Indian Forest Act, 1927 (16 of 1927)

62

Any forest officer or police officer who vexatiously and unnecessarily seizes any property on pretence of of seizing property liable to confiscation under this Act, is punishable with imprisonment which may extend to six months, or with fine which may extend to Rs, or with both.

10. The Factories Act, 1948 (63 of 1948)

96

Whoever (including a public servant published or discloses to any person the results of an analysis of the Government Analyst, made under section 91 except in so fear as they may be necessary for the purposes of a prosecution for any offence punishable under this Act; is made punishable with imprisonment which may extend to three months, or with fine, or with both.

11. The Estate Duty Act, 1953 (34 of 1953)

80

The provisions of section 54 of the old Indian Income-Tax Act, 1922 Which made penal the disclosure by any public servant of any particulars contained in any statement made or return furnished or account or document produced under the provisions of that Act or in any evidence given or affidavit or deposition made in the course of any such proceeding under that Act or in any record of any assessment proceeding relating to the recovery on demand prepared for the purposes of that Act, has been made applicable to the Estate Duty Act, 1 of 1953.

12. The Wealth Tax Act, 1957 (27 of 1957)

42(1)

This is similar to section 80 of the Estate Duty Act and makes the provisions of section 54 of the (old) Indian Income-tax Act, 1922 applicable to this Act.

13. The Expenditure Tax Act, 1957 (29 of 1957).

38(1)

This is similar to section 80 of the Estate Duty Act and makes the provisions of section 54 of the old Indian Income-tax Act, 1922 applicable to this Act.

14. The Gift Tax Act, 1958 (18 of 1958)

41(1)

This is similar to section 80 of the Estate Duty Act and makes the provisions of section 54 of the old Indian Income-tax Act, 1922 applicable to this Act.



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