A disproportionate-assets case alleges that a person holds assets worth more than can be explained by their known lawful sources of income. The whole case is, in effect, an accounting exercise — and the defence is built by properly explaining income, assets and expenditure across the period in question.
How the calculation works
Investigators fix a “check period” and then compare, at a broad level, the assets a person acquired and the expenditure they incurred during that period against their income from known sources. Where assets and spending significantly exceed lawful income that cannot be satisfactorily accounted for, a case is alleged under the Prevention of Corruption Act.
Where the defence lies
- Income the prosecution ignored. Agricultural income, gifts, inheritance, spouse’s earnings and loans are often left out of the prosecution’s arithmetic.
- Valuation. Assets can be overvalued; a fair valuation narrows or erases the alleged gap.
- The check period. The chosen start and end dates can distort the picture and are open to challenge.
- Sanction and procedure. The validity of sanction to prosecute and the procedure followed are examined closely.
Why preparation decides these cases
CBI matters are document-intensive and closely watched. They are won by marshalling records — bank statements, income-tax returns, property documents and proof of every legitimate source — into a coherent account. Our CBI cases page sets out how this is done.
Frequently asked questions
What is the “check period”?
It is the span of time over which the CBI compares assets and expenditure against known income. Its boundaries can significantly affect the result and can be contested.
Can I explain assets in my spouse’s or family’s name?
Yes, with genuine evidence of their independent income and the source of those assets. Documentation is everything here.
Is bail possible in a CBI case?
Yes, though contested. Early, documented applications improve the prospects.
How Advocate Sudhir Rao can help
Every matter turns on its own facts, and early, honest advice usually changes the outcome. As an Advocate practising before the Supreme Court of India, the Delhi High Court and the District Courts across Delhi NCR, I represent clients at every stage — from the first notice to trial and appeal.
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This article is general legal information, not legal advice, and does not create an advocate–client relationship. Statutory provisions can change with amendments; your specific facts should be checked with counsel before you act.