5. Criminal misconduct.__ (1) A public servant is said to commit the offence of criminal misconduct

(a) if he 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 in section 161 of the Pakistan Penal Code (XLV of 1860), or

(b) if he accepts or obtain or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without 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 concerned 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 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 converts 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

(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, or

(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 to a public servant, means, his wife, children and step­children, parents , sisters and minor brothers residing with and wholly dependent on him.

(2) Any public servant who commits or attempts to commit criminal misconduct shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both.

(3) In any trial of an offence punishable under sub­section (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 and his conviction there for shall not be invalid by reason only that it is based solely on such presumption.

(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 proceedings which might, apart from this section, be instituted against him.

— S. 409 — Prevention of Corruption Act (II of 1947), S. 5 — Criminal breach of trust — Criminal misconduct — Scope — The petitioner, an employee of the Utility Stores Corporation, was convicted of breach of trust and embezzlement after failing to uphold integrity in his carrier job — He did not plead guilty but opted for a no-contest stance, hoping for a reduction in his sentence — By depositing the embezzled amount, he sought to resolve the case to support his family, particularly his ailing wife — Considering that the act did not harm the public at large and the financial loss was recovered, the Court exercised discretion to reduce his sentence — While upholding his conviction under section 409 of the Pakistan Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, the Court reduced his punishment to the period already served and significantly lowered the fines imposed — Consequently, the appeal was dismissed with modification in quantum of sentence. [2025 SCLR 15 = 2025 SCMR 100 = 2024 SCP 350]