Text of Section 188:
- Public Servant Status for Railway Servants: Any railway servant who is not already a public servant within the meaning of Section 21 of the Indian Penal Code (IPC) is deemed to be a public servant for the purposes of Chapter IX and Section 409 of the IPC.
- Legal Remuneration and Definition: In the context of Section 161 of the Indian Penal Code, the word “Government” shall, for the purposes of sub-section (1), be deemed to include any employer of a railway servant.
Explanation of Section 188:
Overview:
Section 188 defines the status of railway servants as public servants for the specific purposes of certain provisions in the Indian Penal Code (IPC). This section ensures that railway employees are subject to specific legal standards and duties under the IPC, particularly regarding corruption (Chapter IX) and criminal breach of trust (Section 409).
Key Provisions:
- Deemed Public Servants:
- Railway servants who are not already recognized as public servants under Section 21 of the IPC will be considered public servants for the purposes of two specific provisions in the IPC: Chapter IX (dealing with offences relating to corruption) and Section 409 (dealing with criminal breach of trust by public servants, or anyone in a position of trust).
- This provision effectively extends the public servant status to certain railway employees who may not have been categorized as such under normal legal definitions but are treated as public servants in the context of these two sections.
- Legal Remuneration:
- Section 161 of the IPC addresses bribery, specifically dealing with the acceptance of illegal remuneration by a public servant.
- Under Section 188, the word “Government” in Section 161 of the IPC is interpreted to include any employer of a railway servant, meaning that a railway servant’s employer is considered as “Government” for the purpose of defining legal remuneration.
- This allows the legal framework against corruption and bribery to apply not only to government employees but also to railway employees, whose employers are railway administrations or private railway companies.
Practical Implications:
- Application of Corruption Laws:
- By designating railway employees as public servants under IPC, this section ensures that railway workers are subject to the same legal scrutiny and obligations regarding corruption as other government employees. For instance, if a railway employee accepts a bribe or engages in corrupt practices, they can be prosecuted under Chapter IX of the IPC.
- Breach of Trust and Accountability:
- Section 409 of the IPC deals with criminal breach of trust by a public servant. By applying this provision to railway employees, this section ensures that if a railway worker misappropriates or misuses funds or property that they are entrusted with, they can be prosecuted under this section.
- Ensuring Accountability:
- This section helps enforce accountability and transparency within railway administrations. Railway servants are required to act with honesty and integrity, and their actions are subject to scrutiny under the laws that govern public servants.
- Expanded Legal Responsibility:
- This provision extends the legal duties of railway employees and ensures that they are held to a higher standard of ethical conduct. If a railway employee commits an act of misconduct, such as accepting a bribe or committing breach of trust, the legal consequences are similar to those for other government employees.
Conclusion:
Section 188 provides that railway employees are deemed public servants for the purposes of dealing with specific crimes related to corruption and criminal breach of trust under the IPC. This ensures that railway employees are subject to the same laws as government servants, holding them to higher standards of accountability and ethics in their official duties.
