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Report No. 50

2. Importance of the definition of "public servant" in the Penal Code.-

As is well known, there are numerous sections of the Penal Code where the expression "public servant" occurs, and the distinction between public servants and other persons is material for various purposes under the Code. Broadly speaking, the distinction becomes important in respect of the following classes of offences:-

(i) offences which can be committed only by public servants;1

(ii) offences which can be aggravated when committed by public servants,2

(iii) offences which can be committed only against public servants;3

(iv) offences which are aggravated when committed against public servants;4

(v) offences committed in relation to public servants or their authority, or otherwise connected with them in one way or another.5

1. E.g. Chapter 9, (sections 161 to 171 and sections 217 to 225).

2. E.g. section 409.

3. E.g. section 186.

4. E.g. section 353.

5. E.g. Chapter 10 (sections 172-190).

The Proposal to included Persons connected with Public Examinations within the Definition of Back

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