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Section16
The Prevention of Corruption Act, 1988

Matters to be taken into consideration for fixing fine

In force From 09 Sep 1988 Act 49 of 1988 As on 15 Oct 2026

Act 49 of 1988 Ministry Personnel, Public Grievances and Pensions Enacted 09 Sep 1988 In force 09 Sep 1988

Section 16 of the Prevention of Corruption Act, 1988 deals with matters to be taken into consideration for fixing fine. Where a sentence of fine is imposed under [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 th The Act came into force on 09 Sep 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.

Section 16, The Prevention of Corruption Act, 1988 (Act 49 of 1988).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 7 Offence relating to public servant being bribed
  2. s. 8 Offence relating to bribing of a public servant
  3. s. 9 Offence relating to bribing a public servant by a commercial organisation
  4. s. 10 Person in charge of commercial organisation to be guilty of offence
  5. s. 11 Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant
  6. s. 13 Criminal misconduct by a public servant
  7. s. 14 Punishment for habitual offender
  8. s. 15 Punishment for attempt

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. N. Naveen Kumar vs State of A. P

    Supreme Court of India 17 Oct 2008 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    Section 482 of the Code of Criminal Procedure, 1973 does not empower the court to review its own final judgment by exercising inherent powers. Once a criminal appeal is dismissed and a confiscation order is made as part of the conviction and sentence, the High Court becomes functus officio and cannot entertain applications seeking to modify or review such orders through the exercise of inherent powers. Legal heirs of a deceased convicted person cannot seek to deposit money in lieu of confiscation of properties ordered by the court, and the only remedy available to them is to participate in the auction of such properties.

    On this section: Applied to establish that when fixing fine amount, the court must consider the present value of property obtained by the accused through the offence, not the value at the time of seizure.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 16

What have the courts held on Section 16 of the Prevention of Corruption Act?

N. Naveen Kumar vs State of A. P (17 Oct 2008) is the leading judgment on this section among those set out below: Applied to establish that when fixing fine amount, the court must consider the present value of property obtained by the accused through the offence, not the value at the time of seizure.

How do I find court cases under Section 16 of the Prevention of Corruption Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: PC Act 16, section 16 PC Act, section 16 of the Prevention of Corruption Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with N. Naveen Kumar vs State of A. P (17 Oct 2008).

What should I read with Section 16 of the Prevention of Corruption Act, and has it changed?

Its own text turns on section 7 (Offence relating to public servant being bribed), section 8 (Offence relating to bribing of a public servant), section 9 (Offence relating to bribing a public servant by a commercial organisation), section 10 (Person in charge of commercial organisation to be guilty of offence), and on 4 further provisions, so none of them can safely be read on its own.

When did Section 16 of the Prevention of Corruption Act come into force?

Section 16 of the Prevention of Corruption Act, cited as PC Act 16, came into force on 09 Sep 1988, having been enacted on 09 Sep 1988. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.