IPC Section 21: Public Servant

The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely –

1. * * * * *;
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:
    1. in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
    2. 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).

Illustrations:

1. A Municipal Commissioner is a public servant.

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” 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.
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.

IPC Section 21: Simplified Explanation

Section 21 of the Indian Penal Code (IPC) provides a comprehensive definition of “Public Servant.” This definition is crucial because many provisions within the IPC pertain to or protect actions performed by public servants, as well as prescribe punishments for offenses committed by or against public servants.

The section aims to define who qualifies as a public servant in a broad sense, ensuring that the law covers a wide range of positions and responsibilities within the government and public sector. Here’s a simplified breakdown of the key points in Section 21 regarding who is considered a public servant:

1. Government Officers: Individuals holding any office by virtue of which they are empowered to perform any public duty, including officers of the court and police, are considered public servants.
2. Judges: This includes judges and all officers of the court.
3. Officers of the Court: Anyone who is an officer of a court of justice, and thereby empowered by the court to perform certain duties, falls under the category of a public servant.
4. Jurors and Assessors: Individuals serving as jurors or assessors in any legal proceeding.
5. Government Appointees: Any person who is in the service or pay of the government or remunerated by fees or commission for the performance of any public duty.
6. Local Authority Employees: Employees of a local authority or corporation established by a Central, State, or Provincial Act are considered public servants.
7. Statutory Corporations: Employees of corporations handling government duties or work connected with a state enterprise, and which are established by a Central, State, or Provincial Act.
8. Contractors for Public Works: Individuals who have contracted to perform work or conduct operations connected with public work or for the service or safety of the public.
9. Arbitrators: Persons authorized by a court of justice or appointed by a legal authority to perform an arbitrator’s duties.

This expansive definition ensures that a wide array of individuals who perform duties of a public nature—whether directly under the government or through entities controlled or authorized by the government—are accorded the legal protections and responsibilities of public servants under the IPC. This includes not only those directly employed by government departments but also those working for government-owned or -controlled corporations, local bodies, and even certain individuals performing public duties in an indirect capacity.

The categorization of individuals as public servants under Section 21 holds great significance for various reasons. Firstly, it establishes a legal framework for accountability and integrity in the public service, setting standards for behaviour and prescribing penalties for misconduct. Secondly, it provides a broad shield of legal protection for individuals who perform public duties, recognizing the importance of their roles and the potential vulnerabilities they face. Lastly, it clarifies for the legal system and for individuals in public service their roles, responsibilities, and the legal parameters within which they operate.