Section 16 The Prevention of Corruption Act,
๐ Section 16 โ The Prevention of Corruption Act, 1988
(As amended by the Prevention of Corruption (Amendment) Act, 2018)
๐น Bare Text of Section 16:
Section 16 โ Matters to be taken into consideration for fixing fine
Where a person is convicted of an offence under section 13 or section 14, the court, in fixing the amount of fine to be imposed on him, shall take into consideration the amount or the value of the property, if any, which the accused person is found to have misappropriated or converted to his own use or to have acquired by corrupt or illegal means.
๐งพ Explanation:
Section 16 provides guidelines to the court for determining the fine amount when a public servant is convicted of:
Section 13: Criminal misconduct by a public servant (e.g., misusing position to obtain illegal gratification or property).
Section 14: Habitual offender under anti-corruption law.
The court must consider the value of the benefit or property that was:
Illegally obtained,
Misappropriated,
Converted for personal use.
โ๏ธ Purpose of Section 16:
Ensures that fines are proportionate to the gain made through corruption.
Prevents a situation where an offender pays a minor fine and retains major illegal gains.
Aligns with the principle of disgorgement of ill-gotten wealth.
๐๏ธ Example:
If a government officer is convicted under Section 13 for misappropriating โน10 lakh, the court should consider this amount while deciding the quantum of fine under Section 16. The fine may be equal to or higher than the benefit obtained.
๐งโโ๏ธ Judicial View:
Courts have recognized Section 16 as a deterrent provision, reinforcing the idea that corruption should not pay โ offenders should not profit even after conviction.
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