IPC Section 102
IPC Section 102 – Public servant continuing in office after dismissal, removal, or resignation
Text of Section 102 (simplified):
“Whoever, being a public servant, continues to hold office after he has been dismissed, removed, or resigned, shall be punished with imprisonment or fine.”
Detailed Explanation
Nature of Section 102:
This section deals with public servants who continue to perform the duties of their office illegally after their tenure has ended or after being removed/dismissed.
It is a preventive and punitive provision to ensure the integrity of public office.
Who is Covered:
Public servants: As defined under IPC Section 21, this includes government officials, police officers, judges, or any person in service of the government performing public duties.
Key Points:
Dismissal or Removal: If a public servant has been formally removed or dismissed from their office, continuing to act as if still holding office is an offense.
Resignation: If a public servant resigns from office and still continues to exercise powers of the office, it is illegal.
Intent: The law presumes that continuing in office after dismissal/resignation is wrongful, even if no harm is done.
Punishment:
The law provides imprisonment, fine, or both.
The exact duration of imprisonment or amount of fine is usually prescribed under the rules or by judicial discretion, depending on the seriousness of the act.
Purpose of the Law:
To protect public administration and prevent misuse of authority.
Ensures that only duly authorized persons exercise the powers of a public office.
Maintains discipline and accountability in public service.
Example:
A government clerk is dismissed for misconduct. If he continues to issue official letters in the name of his office, he violates Section 102.
A police officer resigns, but still performs arrests or writes official reports, this is punishable under Section 102.
✅ In short:
IPC Section 102 criminalizes the act of a public servant continuing in office unlawfully after dismissal, removal, or resignation. Its aim is to protect the integrity of public offices and prevent unauthorized exercise of official power.
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