IPC Section 21 - Meaning Of "Public Servant"

IPC Section 21 states that - the word "PUBLIC SERVANT" denotes the person falling under any of the following categories:-

(i) *********** (Omitted)

(ii) Any officer commissioned under the Military, Naval, and Air forces of the country.

(iii) Any judge or designated person who is lawfully empowered to discharge any adjudicatory functions, whether by himself or as a member of the bodies of the persons.

(iv) Any officer of a court of justice whose duty is to investigate any matter of law or to report the matter. The officer who is allowed to keep the record of the matter, or to take the charge to dispose of any property or to execute any judicial process or who can administrate any oath-taking, or preserve any order of the court, any person who is appointed by the court with the authority to perform these duties.

(v) Every juryman, assessor, or member of the panchayat assists the court of justice or the public servant.

(vi) Every arbitrator who is appointed by the court for any matter that has been referred for the decision, or any other person competent public authority.

(vii) Any person who is authorized to hold any office by the virtue of which he is empowered to place or keep any person in confinement.

(viii) Any officer whose duty is to prevent any offences or to report the offence, to bring the offenders to justice, and to protect the public their well-being and safety.

(ix) Every officer whose duty is to take, receive, or keep to expand the property on behalf of the government, or to make any survey or assessment or contact, or to execute any revenue process or to investigate or to report, on any matter affecting the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of any pecuniary interest of the government.

(x) Any officer whose duty is to take, receive, or keep to expand the property, to make any survey or assessment, or to levy the tax on the secular common purpose of any village, town, and district.

(xi) Every person who holds the office under the virtue of the power to prepare and publish, maintain and revise an electoral roll or to conduct the election.

(xii)  (a) Any person in the service or pay of the Government remunerated by fees or commission for the performance of any public duty by the Government.

(b)  Any person in the service or pay of a local authority, or a corporation which is under a Central or State or as explained or defined in section 617 of the Companies Act, 1956 (1 of 1956).

[Corresponding Provision in BNS: Section 2(28) Bharatiya Nyaya Sanhita, 2023]