- (d) if he,
- (i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
- (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
- (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or
- (e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily, account, of pecuniary resources or property disproportionate to his known sources of income.
Explanation.—For the purposes of this section, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant..
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.
Habitual committing of offence under sections 8, 9 and 12. 14. Whoever habitually commits,—
- (a) an offence punishable under section 8 or section 9; or
- (b) an offence punishable under section 12,
shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine.
Punishment for attempt. 15. Whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) of section 13 shall be punishable with imprisonment for a term which may extend to three years and with fine.
Matters to be taken into consideration for fixing fine. 16. Where a sentence of fine is imposed under sub-section (2) section 13 or section 14, 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 clause (e) 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.
CHAPTER IV
INVESTIGATION INTO CASES UNDER THE ACT
Persons authorised to investigate. 17. Notwithstanding anything contained in the Code of Criminal Procedure, 19732 of 1974., no police officer below the rank,—
- (a) in the case of the Delhi Special Police Establishment, an Inspector of Police;
