hackTheBox/cv · Datasets at Hugging Face

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hereinafter following; namely:—
33. [***]
34.Second.—Every Commissioned Officer in the Military, 35.[Naval or Air] Forces 36.[37.
[***] of India];
38. [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 39.[(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 40.[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 41.[the Government], or to make any survey, assessment or
contract on behalf of 42.[the Government], or to execute any revenue process, or to
investigate, or to report, on any matter affecting the pecuniary interests of 43.[the
Government], or to make, authenticate or keep any document relating to the pecuniary
interests of 44.[the Government], or to prevent the infraction of any law for the
protection of the pecuniary interests of 45.[the Government]46.[***];
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;
47. [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;]
48. [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 (Act 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.
49.[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.]
50.[***]
STATE AMENDMENT
Rajasthan.—In section 21, after clause twelfth, add the following clause, 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 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, sec. 2 (w.e.f. 11-2-1993)].
COMMENT—
Public Servant.—A line is drawn between the great mass of the community and certain
classes of persons in the service and pay of Government, or exercising various public
functions, who are here included in the words "public servant." There are several
offences which can only be committed by public servants and, on the other hand,
public servants in the discharge of their duties have many privileges peculiar to
themselves.51.
The test to determine whether a person is a public servant is (1) whether he is in the
service or pay of the Government and (2) whether he is entrusted with the performance
of any public duty.52. The definition is not exhaustive. A person may be a public servant
in terms of another statute.53.
Illustration.—The illustration at the end of the section relates to clause (10). The word
"Commissioner" is used in the sense of a Municipal Councillor or member and not
merely an officer designated as "Commissioner."54.
The definition of the term "public servant" cannot be extended to the provisions of the
Representation of the People Act where this Act makes reference to persons in the
service of the Government.55.
[s 21.1] Enlargement of concept under Prevention of Corruption Act 1988.—
Section 2(i) of the Prevention of Corruption Act 1988 has enlarged the concept of
public servant wider than that contained in section 21 IPC, 1860. A comparison of the
definition of 'public servant' contained in section 21 of IPC, 1860 and that contained in
section 2(c) of the 1988 Act would show that section 21 of IPC, 1860 did not include
persons falling under sub-clause (ix), (x), (xi) and (xii) of section 2(c). Sub-clause (viii)
of section 2(c) is also wider in amplitude than clause (12)(a) of section 21 of IPC,
1860.56. Definition of 'public servant' is of no relevance under the PC Act 1988.57.
[s 21.2] Definition not exhaustive.—
The definition under the section has been held to be not exhaustive. A person may be a
public servant in terms of some other statute.58.
[s 21.3] Judges [clause "Third"].—
Examining the scope of clause "third", the Supreme Court has laid down in K
Veeraswami v UOI,59. that this category of public servants would include judges of the
High Courts and Supreme Court. The words "every judge", as used in the clause, the

hereinafter following; namely:—

33. [***]

34.Second.—Every Commissioned Officer in the Military, 35.[Naval or Air] Forces 36.[37.

[***] of India];

38. [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 39.[(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 40.[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 41.[the Government], or to make any survey, assessment or

contract on behalf of 42.[the Government], or to execute any revenue process, or to

investigate, or to report, on any matter affecting the pecuniary interests of 43.[the

Government], or to make, authenticate or keep any document relating to the pecuniary

interests of 44.[the Government], or to prevent the infraction of any law for the

protection of the pecuniary interests of 45.[the Government]46.[***];

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;

47. [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;]

48. [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 (Act 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.

49.[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.]

50.[***]

STATE AMENDMENT

Rajasthan.—In section 21, after clause twelfth, add the following clause, 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 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, sec. 2 (w.e.f. 11-2-1993)].

COMMENT—

Public Servant.—A line is drawn between the great mass of the community and certain

classes of persons in the service and pay of Government, or exercising various public

functions, who are here included in the words "public servant." There are several

offences which can only be committed by public servants and, on the other hand,

public servants in the discharge of their duties have many privileges peculiar to

themselves.51.

The test to determine whether a person is a public servant is (1) whether he is in the

service or pay of the Government and (2) whether he is entrusted with the performance

of any public duty.52. The definition is not exhaustive. A person may be a public servant

in terms of another statute.53.

Illustration.—The illustration at the end of the section relates to clause (10). The word

"Commissioner" is used in the sense of a Municipal Councillor or member and not

merely an officer designated as "Commissioner."54.

The definition of the term "public servant" cannot be extended to the provisions of the

Representation of the People Act where this Act makes reference to persons in the

service of the Government.55.

[s 21.1] Enlargement of concept under Prevention of Corruption Act 1988.—

Section 2(i) of the Prevention of Corruption Act 1988 has enlarged the concept of

public servant wider than that contained in section 21 IPC, 1860. A comparison of the

definition of 'public servant' contained in section 21 of IPC, 1860 and that contained in

section 2(c) of the 1988 Act would show that section 21 of IPC, 1860 did not include

persons falling under sub-clause (ix), (x), (xi) and (xii) of section 2(c). Sub-clause (viii)

of section 2(c) is also wider in amplitude than clause (12)(a) of section 21 of IPC,

1860.56. Definition of 'public servant' is of no relevance under the PC Act 1988.57.

[s 21.2] Definition not exhaustive.—

The definition under the section has been held to be not exhaustive. A person may be a

public servant in terms of some other statute.58.

[s 21.3] Judges [clause "Third"].—

Examining the scope of clause "third", the Supreme Court has laid down in K

Veeraswami v UOI,59. that this category of public servants would include judges of the

High Courts and Supreme Court. The words "every judge", as used in the clause, the