Section 21 of Indian Penal Code does not define who is a Public Servant but lays down various categories that are included in the category of Public Servant.
The words “public servant” denotes a person falling
under any of the descriptions hereinafter following, namely:
1. ***
(Clause 1st omitted by the
A.O. 1950)
2. Every
Commissioned Officer in the Military, Naval or Air Forces of India;
3. 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;
4. Every
officer of a Court of Justice (including a liquidator, receiver or
commissioner) whose duty it 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 administer 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;
5. Every
juryman, assessor, or member of a Panchayat assisting a Court of Justice or
public servant;
6. 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;
7. Every
person who holds any office by virtue of which he is empowered to place or keep
any person in confinement;
8. Every
officer of the Government whose duty it is, as such officer, to prevent
offences, to give information of offences, to bring offenders to justice, or to
protect the public health, safety or convenience;
9. 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
for the protection of the pecuniary interests of the Government;
10. 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;
11. 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;
12. 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).
Explanations
1. Persons
falling under any of the above descriptions are public servants, whether
appointed by the Government or not.
2. Wherever
the words “public servant” occurs, they shall be understood of every person who
is in actual possession of the situation of a public servant, whatever legal
defect there may be in his right to hold that situation.
3. 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.[i]
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