{ "schema_version": "qanun-law-text/1", "id": "pk-code-4edc8f5b33314e8c", "title": "Prevention of Corruption Act, 1947", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5tn-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "7f834328e7e154f07951499967a92d8da5e020d931c3c8547bf2d6f733cbec95", "source_sha256": "7f834328e7e154f07951499967a92d8da5e020d931c3c8547bf2d6f733cbec95", "text_version_id": "law:pk-code-4edc8f5b33314e8c:sha256:7f834328e7e154f07951499967a92d8da5e020d931c3c8547bf2d6f733cbec95", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 6 \r\n \r\n \r\n \r\nTHE PREVENTION OF CORRUPTION ACT, 1947 \r\n \r\n \r\n \r\n \r\n \r\n \r\n CONTENTS \r\n \r\n1. Short title and extent \r\n \r\n2. Interpretation \r\n \r\n3. Offences under sections 161 to 165 of the Penal Code to be cognizable offences \r\n \r\n4. Presumption where public servant accepts gratification other than legal remuneration \r\n \r\n5. Criminal misconduct \r\n \r\n5A. \r\n \r\n5B. Declaration of assets \r\n \r\n5C. Possession of property disproportionate to known sources of income \r\n \r\n6. Omitted \r\n \r\n7. Accused person to be competent witness \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 6 \r\n \r\nTHE PREVENTION OF CORRUPTION ACT, 1947 \r\n1(ACT No. II OF 1947) \r\n[11th March, 1947] \r\nAn Act for the more effective prevention of bribery and corruption \r\nWHEREAS it is expedient to make more effective provision for the prevention of bribery and \r\ncorruption; \r\nIt is hereby enacted as follows:__ \r\n1. Short titl e and extent. __ (1) This Act may be called the Prevention of Corruption Act, \r\n1947. \r\n2[(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan and persons in \r\nthe service of Government wherever they may be.] \r\n3[* * * * * * *] \r\n2. Interpretation.⸺For the purposes of this Act, “public servant” means a public servant as \r\ndefined in section 21 of the Pakistan Penal Code (XLV of 1860) 4[and includes an employee of any \r\ncorporation or other body or organization set 5[controlled or administered by, or under the authority \r\nof,] the 6[Federal Government] 7[and provincial government and institution where government \r\ncapital, share or control is involved]]. \r\n3. Offences under sections 161 and 165 of the Penal Code to be cognizable offences.⸺An \r\noffence punishable under Section 161 8[, 162, 163, 164, 165 or 165 -A] of the Pakistan Penal Code \r\n(XLV of 1860) shall be deemed to be a cognizable offence for the purpose s of the Code of Criminal \r\nProcedure, 1898 (V of 1898), notwithstanding anything to the contrary contained therein: \r\n \r\n8[* * * * * * *] \r\n \r\n \r\n \r\n1The Act has been applied to Baluchistan, see Gazette of India, 1947. Pt. I, p. 535. \r\nThe Act has been applied to whole of the Province of West Pakistan by the West Pakistan Ordinance No. XXXI of 1958, s. 2. \r\nIt has been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950). \r\nIt 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, \r\n1960). \r\n2Subs.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). \r\n3The original sub-section (3) omitted by the Prevention of Corruption (Amendment) Act, 1949 (Act No. IX of 1950), s. 2. \r\n4Added by the Anti-Corruption Laws (Amendment) Act, 1965 (Act No. XII of 1965), s. 2 and Sch. \r\n5Subs. by the Prevention of Corruption Laws (Amendment) Act, 1977 (Act No. XIII of 1977), s. 2 and Sch. \r\n6Subs. by F.A.O., 1975, Art.2 and Table”. \r\n7Added by Act No. LII of 2021, s. 2. \r\n8Subs. and omitted by the Criminal Law Amendment Act, 1953 (Act No. XXXVII of 1953), s. 5. \r\n \r\n \r\n \r\nPage 3 of 6 \r\n \r\n4. Presumption where public servant accepts gratification other than legal \r\nremuneration.⸺ 1[(1)] Where in any trial of an offence punishable under section 161 or section 165 \r\nof the Pakistan Penal Code (XLV of 1860) , it is proved that an accused person has accepted or \r\nobtained, or has agreed to accept or attempted to obtain, for himself or for any other person, any \r\ngratification (other than legal remuneration) or any valuable thing from any person, it shall be \r\npresumed unless the contrary is proved that he accepted or obtained, or agreed to accept or attempted \r\nto obtain, that gratification or that valuable thing, as the case may be, as a motive or reward such as it \r\nmentioned in the said section 161 , or, as the case may be, without consideration or for a \r\nconsideration which he knows to be inadequate: \r\n2[* * * * * * *] \r\n2[(2) Where in an y trial of an offence punishable under section 165A of the Pakistan Penal \r\nCode (Act XLV of 1860), it is proved that any gratification (other than legal remuneration) or any \r\nvaluable thing has been given or offered to be given or attempted to be given by an y accused person, \r\nit shall be presumed , unless the contrary is proved, that he gave or offered to give or attempted to \r\ngive that gratification or that valuable thing, as the case may be, as a motive or reward such as is \r\nmentioned in section 161 of the said Code, or, as the case may be, without consideration or for a \r\nconsideration which he knew to be inadequate. \r\n(3) Notwithstanding anything contained in sub-sections (1) and (2), the c ourt may decline to \r\ndraw the presumption referred to in either of the said sub-sections if the gratification or thing \r\naforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.] \r\n5. Criminal misconduct.⸺ (1) A public servant is said to commit the offence of criminal \r\nmisconduct 3[* * *]— \r\n(a) if he 3[*] accepts or obtains or agrees to accept or attempts to obtain from any \r\nperson for himself or for any other person, any gratification (other than legal \r\nremuneration) as a motive or reward such as is mentioned is section 161 of the \r\nPakistan Penal Code (XLV of 1860), or \r\n(b) if he 3[*] accepts or obtain s or agrees to accept or attempts to obtain for \r\nhimself or for any other person, any valuable thing withou t consideration or \r\nfor a consideration which he knows to be inadequate, from any person whom \r\nhe knows to have been, or to be, or to be likely to be concerne d in any \r\nproceeding or business transacted or about to be transacted by him, or having \r\nany connection with the official functions of himself or of any public servant \r\nto whom he is subordinate, or from any person whom he knows to be \r\ninterested in or related to the person so concerned, or \r\n(c) if he dishonestly or fraudulently misappropriates or otherwise c onverts for his \r\nown use any property entrusted to him or under his control as a public servant \r\nor allows any other person so to do, or \r\n \r\n1Section 4 re-numbered as sub-section (1) of that section, by the Criminal Law Amendment Act, 1953 (Act No. XXXVII of 1953), s. 5. \r\n2Omitted and added ibid., s. 5. \r\n3Omitted by the Prevention of Corruption (Amendment) Act, 1949 (Act No. IX of 1950), s. 3. \r\n \r\nPage 4 of 6 \r\n \r\n (d) if he, by corrupt or illegal means or by otherwise abusing his position as \r\npublic servant, obtains for himself or for any other person any valuable thing \r\nor pecuniary advantage 1[, or] \r\n1[(e) if he, or any of his dependants, is in possession, for which the public servant \r\ncannot reasonably account , of pecuniary resources or of property \r\ndisproportionate to his known sources of income. \r\nExplanation.⸺In this clause “dependant” in relation public servant, means his wife, children \r\nand step-children, parents, sisters and minor brothers residing with and wholly dependent on him.] \r\n(2) Any public servant who commits 1[or attempts to commit] criminal misconduct 2[* * *] \r\nshall be punishable with imprisonment for a term which may extend to 3[ten years but not less than \r\nseven years]. \r\n(3) In any trial of an offence punishable under sub-section (2) the fact that the accused person \r\nor any other person on his behalf is in possession, for which the accused person cannot satisfactorily \r\naccount, of pecuniary resources or property disproportionate to his known sources of income may be \r\nproved, and on such proof the Court shall presume, unless the contrary is proved, that the accused \r\nperson is guilty of criminal misconduct 2[* * *] and his conviction there for shall not be invalid by \r\nreason only that it is based solely on such presumption. \r\n4[(4) The provisions of this section shall be in addition to , and not in derogation of, any other \r\nlaw for the time being in force, and nothing contained herein shall exempt any public servant from \r\nany proceeding which might, apart from this section, be instituted against him.] \r\n4[5-A Notwithstanding anything contain ed in the Code of Criminal Procedure, 1898 (Act V \r\nof 1898), no officer below the rank of 1[Inspector] of Police shall investigate any offence punishable \r\nunder any of the sections of the Pakistan Penal Code ( Act XLV of 1860), mentioned in s ection 3 or \r\nany offence punishable under section 5 without an order of a Magistrate of the first class or make an \r\narrest therefor without a warrant: \r\n1[ * * * * * * *] \r\n \r\n5[5-B. Declaration of assets. —(1) When the 3[Government and institutions where \r\nGovernment capital share or control is involved] on receipt of information and after making such \r\nenquiries as it may deem necessary, is satisfied that there is reason to believe that any public servant \r\nor any other person on his behalf is in possession of pecuniary resources or property disproportionate \r\nto the known sources of income of such public servant it may, by order require such public servant or \r\nother person to furnish in the prescribed manner and within the prescribed time a statement of his \r\nproperty and liabilities and such information relating thereto as may be required by the order. \r\n(2) If such public servant or person__ \r\n(a) upon being so required by an order under sub-section (1) fails to furnish the \r\n_______________________________________________________________________ \r\n1Subs.added, ins., and omitted by the Anti-Corruption Laws Amendment Act, 1965 (Act No. XII of 1965), s. 2 and Sch. \r\n2Omitted by the Prevention of Corruption (Amendment.) Act, 1949 (Act No. IX of 1950), s. 3. \r\n3Subs by Act No. LII of 2021, s. 3. \r\n4Subs. and ins.by the Criminal Law Amendment Act, 1953 (Act NO. XXXVII of 1953), s. 5. \r\n5Section 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. \r\n \r\nPage 5 of 6 \r\n \r\nstatement or information or furnish es a statement or information which he \r\nknows or has reasonable cause to believe to be false or not true in any material \r\nparticular, or \r\n(b) makes in any book, account, record, declaration, return or other document, \r\nwhich he is required by an order u nder sub -section (1) to furnish, any \r\nstatement which he knows or has reasonable cause to believe to be false or not \r\ntrue in any material particular, \r\nhe shall be punishable with imprisonment for a term which may extend to 1[ten years but not less \r\nthan five years] and shall also be liable to fine. \r\n \r\n5C. Possession of p roperty disproportionate to known sources of income. ⸺(1) Any \r\npublic servant who has in his possession any property, movable or immovable , either in his own \r\nname or in the name of any other person, which there is reason to believe to have been acqui red by \r\nimproper means and which is proved to be disproportio nate to the known sources of income of such \r\npublic servant shall, if he fails to account for such possession to the satisfaction of the Court trying \r\nhim, be punishable with imprisonment for a term which may extend to 1[ten years but not less than \r\nfive years] and with fine, and on such conviction the property found to be disproportionate to the \r\nknown sources of income of the accused by the Court shall be forfeited to the 1[Government \r\nconcerned]. \r\n(2) The reference in sub -section (1) to property acquired by im proper means shall be \r\nconstrued as reference to property acquired by means which are contrary to law or to any rule or \r\ninstrument having the force of law or by coercion, undue influence, fraud or misrepresentation within \r\nthe meaning of the Contract Act, 1872.] \r\n6. 2[Omitted] \r\n7. Accused person to be competent witness. Any person charged with an offence \r\npunishable under section 161 or s ection 165 of the Pakistan Penal Co de or under sub -section (2) of \r\nsection 5 of this Act shall be competent witness for the defence and may give evidence on oath in \r\ndisproof of the charges made against him or any person charged together with him at the same trial: \r\nProvided that⸺ \r\n(a) he shall not be called as a witness except on his own request, \r\n(b) his failure to give evidence shall not be made the subject of any comment by the \r\nprosecution or give rise to any presumption against himself or any person charged \r\ntogether with him at the same trial, \r\n(c) he shall not be asked, an d if asked shall not be required to answer, any question \r\ntending to show that he has committed or been convicted of any offence other than \r\nthe offence with which he is charged, or is of bad character, unless__ \r\n________________________________________________________________________________ \r\n1Subs by Act No. LII of 2021, ss. 4 and 5. \r\n2Omitted by the Criminal Law Amendment Act, 1953 (Act No. XXXVII of 1953), s. 5. \r\n \r\n \r\nPage 6 of 6 \r\n \r\n (i) the proof that he has committed or been convicted of such offence is \r\nadmissible evidence to show that he is guilty of the offence with which \r\nhe is charged, or \r\n(ii) he has personally or by his pleader asked questions of any witness for \r\nthe prosecution with a view to establish his own good character, or has \r\ngiven evidence of his good character, or the nature or conduct of the \r\ndefence is such as to involve imputations on the character of the \r\nprosecutor or of any witness for the prosecution, or \r\n(iii) he has given ev idence against any other person charged with the same \r\noffence. \r\n \r\n______ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n62229 Date: 10-01-2025", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; 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