Prevention of Corruption Act, 1947

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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 
  
4. Presumption where public servant accepts gratification other than legal remuneration 
 
5. Criminal misconduct 
 
5A.  
 
5B. Declaration of assets 
 
5C. Possession of property disproportionate to known sources of income 
 
6.  Omitted 
  
7.  Accused person to be competent witness 
 
 
 

 
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THE PREVENTION OF CORRUPTION ACT, 1947 
1(ACT No. II OF 1947) 
[11th March, 1947] 
An Act for the more effective prevention of bribery and corruption 
WHEREAS it is expedient to make more effective provision for the prevention of bribery and 
corruption; 
It is hereby enacted as follows:__ 
1. Short titl e 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[*  *  *  *  *  *         *] 
2. Interpretation.⸺For the purposes of this Act, “public servant” means a public servant as 
defined in section 21 of the Pakistan Penal Code (XLV of 1860)  4[and includes an employee of any 
corporation or other body or organization set 5[controlled or administered by, or under the authority 
of,] the  6[Federal Government] 7[and provincial government and institution where government 
capital, share or control is involved]]. 
3. Offences under sections 161 and 165 of the Penal Code to be cognizable offences.⸺An 
offence punishable under Section 161  8[, 162, 163, 164, 165 or 165 -A] of the Pakistan Penal Code 
(XLV of 1860) shall be deemed to be  a cognizable offence for the purpose s of the Code of Criminal 
Procedure, 1898 (V of 1898), notwithstanding anything to the contrary contained therein: 
 
8[* *  *  *  *  *        *] 
 
 
 
1The 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 No. XXXI 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. Ordinance No. XVII of 1960, s.2 (with effect from the 17th May, 
1960). 
2Subs.by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). 
3The original sub-section (3) omitted by the Prevention of Corruption (Amendment) Act, 1949 (Act No. IX of 1950), s. 2. 
4Added by the Anti-Corruption Laws (Amendment) Act, 1965 (Act No. XII of 1965), s. 2 and Sch. 
5Subs. by the Prevention of Corruption Laws (Amendment) Act, 1977 (Act No. XIII of 1977), s. 2 and Sch. 
6Subs. by F.A.O., 1975, Art.2 and Table”. 
7Added by Act No. LII of 2021, s. 2. 
8Subs. and omitted by the Criminal Law Amendment Act, 1953 (Act No. XXXVII of 1953), s. 5. 
 
 
 
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4. Presumption where public servant accepts gratification other than legal  
remuneration.⸺ 1[(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 it 
mentioned in the said section 161 , or, as the case may be, without consideration or for a 
consideration which he knows to be inadequate: 
2[*  *  *  *  *  *        *] 
2[(2) Where in an y 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 an y 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. 
(3) Notwithstanding anything contained in  sub-sections (1) and (2), the c ourt may decline to 
draw the presumption referred to in either of the said sub-sections 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 3[*    *    *]— 
(a) if he 3[*] 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 is section 161 of the 
Pakistan Penal Code (XLV of 1860), or 
(b) if he 3[*] accepts or obtain s or agrees to accept or attempts to obtain for 
himself or for any  other person, any valuable thing withou t 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 concerne d 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 knows to be 
interested in or related to the person so concerned, or 
(c) if he dishonestly or fraudulently misappropriates or otherwise c onverts 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 
 
1Section 4 re-numbered as sub-section (1) of that section, by the Criminal Law Amendment Act, 1953 (Act No. XXXVII of 1953), s. 5. 
2Omitted and added ibid., s. 5.  
3Omitted by the Prevention of Corruption (Amendment) Act, 1949 (Act No. IX of 1950), s. 3. 
 
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 (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 1[, or] 
1[(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. 
Explanation.⸺In this clause “dependant” in relation public servant, means his wife, children 
and step-children, 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 3[ten years but not less than 
seven years]. 
(3) In any trial of an offence punishable under sub-section (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   2[* * *] 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 proceeding which might, apart from this section, be instituted against him.] 
4[5-A Notwithstanding anything contain ed in the Code of Criminal Procedure, 1898 (Act V 
of 1898), no officer below the rank of 1[Inspector] of Police shall investigate any offence punishable 
under any of the sections of the Pakistan Penal Code ( Act XLV of 1860), mentioned in s ection 3 or 
any offence punishable under section 5 without an order of a Magistrate of the first class or make an 
arrest therefor without a warrant:  
1[     *        *  *  *  *  *  *] 
 
5[5-B. Declaration of assets. —(1) When the 3[Government and institutions where 
Government capital share or control is involved] 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 sub-section (1) fails to furnish the 
_______________________________________________________________________ 
1Subs.added, ins., and omitted by the Anti-Corruption Laws Amendment Act, 1965 (Act No. XII of 1965), s. 2 and Sch. 
2Omitted by the Prevention of Corruption (Amendment.) Act, 1949 (Act No. IX of 1950), s. 3. 
3Subs by Act No. LII of 2021, s. 3. 
4Subs. and ins.by the Criminal Law Amendment Act, 1953 (Act NO. XXXVII of 1953), s. 5. 
5Section 5B and 5C, have been ins. In its application to the Province of W. Pakistan by W.P. Ordinance No. XVII of 1960., s. 2. 
 
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statement or information or furnish es 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 u nder sub -section (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 1[ten years but not less 
than five years] and shall also be liable to fine. 
 
5C. Possession of p roperty 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 acqui red by 
improper means and which is proved to be disproportio nate 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 1[ten years but not less than 
five 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 1[Government 
concerned]. 
(2) The reference in sub -section (1) to property acquired by im proper 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.] 
6. 2[Omitted]  
7. Accused person to be competent witness. Any person charged with an offence 
punishable under section 161 or s ection 165 of the Pakistan Penal Co de or under sub -section (2) of 
section 5 of this Act shall be 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, an d 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__ 
________________________________________________________________________________ 
1Subs by Act No. LII of 2021, ss. 4 and 5. 
2Omitted by the Criminal Law Amendment Act, 1953 (Act No. XXXVII of 1953), s. 5. 
 
 
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 (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 ev idence against any other person  charged with the same 
offence. 
 
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62229           Date: 10-01-2025