INDIAN PENAL CODE
21: “Public Servant”:::--The words “Public servant” denote a person falling under
any of the descriptions hereinafter following, namely:–
1[* * *]
Second–Every
Commissioned Officer in the Military, Naval or Air Forces2’3’4 of
India;
Third5–Every
Judge including any person empowered by law to discharge whether by himself or
as a member of any body of persons, any adjudicatory functions;
Fourth–Every officer
of a Court of Justice (including a liquidator, receiver or Commissioner)6
whose duty is, as such officer, to investigate or report on any matter of law
or fact, or to make, authenticate, or keep any document, or to take charge or
dispose of any property or to execute any judicial process, or to a
administrator any oath, or to interpret, or to preserve order in the Court, and
every person specially authorized by a Court of Justice to perform any of such
duties;
Fifth–Every juryman,
assessor, or member of a Panchayat assisting a Court of Justice or public
servant;
Sixth–Every
arbitrator or other person to whom any cause or matter has been referred for
decision or report by any Court of Justice, or by any other competent public
authority;
Seventh–Every person
who holds any office by virtue of which he is empowered to place or keep any
person in confinement;
Eighth–Every officer
of the Government7, whose duty it is, as such officer, to prevent
offences, to give information of offences, to being offenders to justice, or to
protect the public health, safety or convenience;
Ninth–Every officer
whose duty it is, as such officer, to take, receive, keep or expend any
property on behalf of the Government, or to make any survey, assessment or
contract on behalf of the Government, or to execute any revenue process, or to
investigate, or to report, on any matter affecting the pecuniary interests of
the Government, or to make, authenticate or keep any document relating to the
pecuniary interests of the Government, or to prevent the infraction of any law
of the protection of the pecuniary interests of the Government8,
Tenth–Every officer
whose duty it is, as such officer, to take, receive, keep or expend any
property, to make any survey or assessment or to levy any rate or tax for any
secular common purpose of any village, town or district, or to make,
authenticate or keep any document for the ascertaining of the rights of the
people of any village, town or district;
Eleventh9–Every
person who holds any office in virtue of which he is empowered to prepare,
publish, maintain or revise an electoral roll or to conduct an election or part
of an election;
Twelfth10–Every
person–
(a) in the service
or pay of the Government or remunerated by fees or commission for the
performance of any public duty by the Government;
(b) in the service
or pay of a local authority, a corporation established by or under a Central,
Provincial or State Act or a Government company as defined in section 617 of
the Companies Act, 1956 (1 of 1956)
Illustration
A Municipal
Commissioner is a public servant.
Explanation 1:
Persons falling under any of the above descriptions are public servants,
whether appointed by the Government or not.
Explanation 2 :
Whatever the words “public servant” occur, they shall be understood of every
person who is in actual possession of the situation, or public servant, whether
legal defect there may be in his right to hold that situation.
Explanation 311
: The word “election” denotes an election for the purpose of selecting members
of any legislative, municipal or other public authority, of whatever character,
the method of selection to which is by, or under, any law prescribed as by
election.
[* * *]12
In section 21 of the
Indian Penal Code, 1860 (Central Act 45 of 1860), in its application to the
State of Rajasthan, after clause twelfth, the following new clause shall be
added, namely:–
“Thirteenth–Every
person employed or engaged by any public body in the conduct and supervision of
any examination recognised or approved under any law.
Explanation : The
expression `Public Body’ includes–
(a) a University, Board
of Education or other body, either established by or under a Central or State
Act or under the provisions of the Constitution of India or constituted by the
Government; and
(b) a local
authority.”
[Vide Rajasthan Act,
4 of 1993 (w.e.f. 11-2-1993)]
COMMENTS
Public servant
includes any servant of any local authority and any person engaged in any
employment or class of employment which the State Government may from time to
time, declare to be employment or class of employment essential to the life of
the community.
1. Clause First omitted by the A.O. 1950.
2.
Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Naval”.
3.
The original words “of the Queen while serving under the Government of India,
or any Government” have successively been amended by the A.O. 1937, the A.O.
1948 and the A.O. 1950 to read as above.
4.
The words “of the Dominion” omitted by the A.O. 1950.
5.
Subs. by Act 40 of 1964, sec. 2, for the former clause (w.e.f. 18-12-1964).
6.
Ins. by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).
7.
Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A.O. 1937,
for “Government”.
8.
Certain words omitted by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).
9.
Ins. by Act 39 of 1920, sec. 2.
10.
Subs. by Act 40 of 1964, sec. 2, for the former clause (w.e.f. 18-12-1964).
11.
Ins. by Act 39 of 1920, sec. 2.
12.
Explanation 4 ins. by Act 2 of 1958, sec. 2 (w.e.f. 12-2-1958) and omitted by
Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).
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