Section 16 of The Prevention of Corruption Act, 1988
Where a sentence of fine is imposed under 1[section 7 or section 8 or section 9 or section 10 or section 11 or sub-section (2) of section 13 or section 14 or section 15], the court in fixing the amount of the 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 2[clause (b)] of sub-section (1) of section 13, the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily.
Summary
- This part explains what a court must look at when deciding how much a fine should be.
- It applies when a fine is given for bribery, misconduct, or being a repeat offender.
- The judge must consider the value of any property or money the person got from the crime.
- For cases where someone got rich illegally, the court looks at the money or assets they cannot explain.
- This ensures the fine is related to how much the person gained from their corrupt acts.
Practical examples
FAQ
1. How does a court set the amount of a fine under Section 16 of The Prevention of Corruption Act, 1988?
Under Section 16 of The Prevention of Corruption Act, 1988, the court considers the value of the property the person obtained through the crime.
2. Does Section 16 of the Prevention of Corruption Act apply to repeat offenders?
Yes, Section 16 of the Prevention of Corruption Act applies to fines given under section 14, which covers habitual or repeat offenders.
3. What assets does the court examine for illicit enrichment under Section 16 of the 1988 Act?
Under Section 16 of the 1988 Act, the court looks at the money or property the accused cannot satisfactorily explain.
Test yourself
Q1.When a court fixes a fine under Section 16 of The Prevention of Corruption Act, 1988, what is a main factor it must consider?
Q2.For crimes under section 13(1)(b) of The Prevention of Corruption Act, 1988, what specifically does the court look at for the fine?
Q3.Which of these sections is NOT listed as a case where Section 16 of the 1988 Act applies?
Q4.If someone is convicted of an attempt under section 15, does Section 16 of The Prevention of Corruption Act, 1988 apply to their fine?