IPC Section 21 - "Public servant "

21. "Public servant ". The words "public servant " denote a person falling under any of the

descriptions hereinafter following, namely:--

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Second.--Every Commissioned Officer in the Military, 6[Naval or Air] Forces 7[8*** of India];

9[Third.--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;]

Fourth.--Every officer of a Court of Justice 10[(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 an y 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 authorised by a Court of Justice to perform any of such duties;

Fifth.--Every juryman, assessor, or mem ber of a panchayat assisting a Cour t of Justice or public

servant;

Sixth.--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;

Seventh.--Every person who holds any office by virtue of which he is empowered to place or keep

any person in confinement;

Eighth.--Every officer of 1[the Government] whose duty it is, as such officer, to prevent offences, to

give information of offences, to bring of fenders to justice, or to protect the public health, safety or

convenience;

Ninth.--Every officer whose duty it is as such officer, to take, receive, keep or exp end any property

on behalf of 1[the Government], or to make any survey, assessment or contr act on behalf of 1[the

Government], or to execute any revenue -process, or to investigate, or to report, on any matter affecting

the pecuniary interests of 1[the Government], or to make , authenticate or keep any document relating to

the pecuniary interests of 1[the Government], or to prevent the infraction of any law for the protection of

the pecuniary interests of 1[the Government] 2***;

Tenth.--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;

3[Eleventh.--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;]

4[Twelfth.--Every person--

(a) in the service or pay of the Government or remunerated by fees or commission for the

performance of any public duty by the Government;

(b) 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 th e Co mpanies

Act, 1956 (1 of 1956).]

Illustration

A Municipal Commissioner is a public servant.

Explanation 1 .--Persons falling under any of the above descriptions are public servants, whether

appointed by the Government or not.

Explanation 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[Explanation 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.]

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