General Explanations Chapter – 2 Definition of Public Servant in (IPC) Criminal Law

Indian Penal Code ( An Introduction)

Indian Penal Code with Flow Chart

IPC (Principles of Criminal Liability)

Indian Penal Code ( Sec. 1 -Sec. 5)

Chapter -2 General Explanations

Section – 21 Public Servant

Who are the Public Servant ?

21. “Public servant”.—The words “public servant” signify  a person who comes  under any of the descriptions namely:

  • XXX (Repealed)
  • Commissioned Officer in Army( Military, Navy or Airforce) in india.
  • Judge or any person empowered by law to discharge any adjudicatory functions.
  • Every officer of Court (liquidator, receiver or commissioner) whose duty to investigate or report on any matter of law or fact.
  • Juryman, Accessor or member of a panchayat
  • Arbitrator or any other person to whom any case is reffered for decision.
  • Every person who can keep person in confinement
  • Such person whose duty is to stop offence.
  • Person who does assesment of revenue on behalf of Govt or whose duty is to take, receive, keep or expend any property on behalf of the Government,
  • Person relating to levy any tax for any secular common purpose of any village, town or district.
  • Such person who has electoral roll.
  • Such person who is in service or pay of govt. for performance of public duty on fee.
  • Includes such person who is into local authority.
  • Every person who supervise or conduct public exam.
Explanation – 1 Every Government Servant is public servant but every public servant is not govt. servant. It is not necessary that all public servant are appointed by govt.
Explanation The Word Public Servant includes every person
Explanation W/e Matter is of election then election of any manner or , of any post

Case Law –R. S. Nayak v A. R. Antule

 SC held that MLA is not a Public servant because he is liable only for his party.

PV Narasimha Rao v State, AIR 1998 SC 2120  

Member of Parliament ( MP) is a Public Servant

M Karunanidhi v UOI, AIR 1979 SC 898

Chief Ministers & Ministers are Public Servant

P Nallammal v State, UOI, 1999 CrLJ 3604

Speaker of Legislative assembly is a public servant

UOI v Ashok Kumar Mitra, AIR 1995 SC 1976

Employee of a Nationalised Bank is a public servant

Ram Krishan v State of Delhi, AIR 1956 SC 1976

All Railway Servants are public servant

State of Ajmer v Shiv Lal,AIR 1959 SC 847

Teacher in a Govt. school is a public servant

Maharudrappa Danappa Kesarappanavar v The State of Mysure, AIR 1961 SC 785

Chairman of managing committee of a municipality is a public servant

State through CentralBureau of Investigation v D P Dogra, AIR 1986 SC 312 Employees of life insurance corporation

 State (SPE, Hyderabad) v Air commodore Kailash Chand, AIR 1980 SC 522

Member of Auxiliary Air Force

State of MP v M Narsimhan, AIR 1975 SC 1835

Employees of Bharat Heavy Electricals ( Inmdia) Limited are public servant

 National Small Industries Corporation Ltd v State AIR 2009 SC 1284

 Employees of Government Company are public servant

 Bihar State Electricity Board v Nand Kishore Tamakhuwala, AIR 1986 SC

Officers of State Electricity Board

Section – 21 Public Servant

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