IPC Section 21
Full Definition (Simplified):
The law states that a “public servant” includes a wide range of persons who are involved in public duty or serve the government in various capacities.
Let’s break it down into categories as listed in Section 21:
🔹 1. Commissioned Officers in the Military, Navy, and Air Force
Any commissioned officer in the military, naval, or air service of India is a public servant.
✅ Example: A Captain in the Indian Army.
🔹 2. Judges
Every person who is legally empowered to decide or adjudicate legal matters in a court of justice is a public servant.
✅ Example: A District Judge or a Magistrate.
🔹 3. Court Officers
People working in courts who perform duties such as investigation, reporting, documentation, and enforcement of judgments are public servants.
This includes:
Court clerks
Bailiffs
Translators
Court reporters
🔹 4. Jurymen, Assessors, and Panchayat Members
Anyone who helps a judge or a court in decision-making, either formally (as jurors or assessors) or informally (as members of a village panchayat), are also public servants while performing those duties.
🔹 5. Arbitrators and People Making Legal Decisions
Anyone who is legally authorized to settle disputes (like an arbitrator in civil matters) is a public servant when performing those duties.
🔹 6. People Appointed by a Court or Government to Perform Public Duties
This includes anyone appointed:
By a judge
By the government
By a public authority
…to perform any duty related to public interest or justice.
🔹 7. Government Officers
All officers:
In service of the Government (Central or State)
In departments like Police, Revenue, Customs, Taxes, etc.
…are considered public servants.
🔹 8. Officers Managing Public Property or Revenue
People who are responsible for:
Managing or collecting taxes
Handling public money
Overseeing public works (like road construction, irrigation projects, etc.)
…are public servants.
🔹 9. People Working in Government Corporations or Institutions
Even if a person is not directly employed by the government, but works in a government-controlled organization or institution, they may be considered public servants under this section if their duties involve serving the public.
🛑 Why the Definition Matters
This definition is crucial because many criminal offenses under Indian law apply specifically to public servants, such as:
Section 161-165 IPC (related to bribery)
Prevention of Corruption Act
Section 409 IPC (criminal breach of trust by a public servant)
✅ Example Situations
A police inspector taking a bribe – liable under anti-corruption laws.
A government doctor neglecting duty – may face criminal charges as a public servant.
A panchayat member misusing funds during village projects – treated as a public servant during inquiry.
Summary Table:
| Category | Examples |
|---|---|
| Military Officers | Army, Navy, Air Force officers |
| Judiciary | Judges, Magistrates |
| Court Staff | Clerks, Bailiffs, Reporters |
| Legal Assistants | Arbitrators, Assessors, Panchayat members |
| Government Officers | IAS, IPS, Revenue officials |
| Finance/Public Works | Tax collectors, Engineers managing govt. projects |
| Institutional Roles | Staff in govt-aided universities, corporations |
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