IPC 21 — "Public servant"

Indian Penal Code, 1860

Statutory text

The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely:--
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Second.--Every   Commissioned   Officer   in  the  Military,
[Naval or Air] Forces [4 of India];
[Third.--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)] 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;
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 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;
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 for  the protection  of  the  pecuniary  interests  of
[the Government] 8;
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;
1. Cl. First omitted by the A. O. 1950.

8. Certain words omitted by Act 40 of 1964, s. 2.
[Eleventh.--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;]
[Twelfth.--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.--Wherever  the words  "public servant" occur, 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.
[Explanation 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.]
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22.
"Movable property".

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