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Report No. 50

3. Analysis of the definition of "public servant".-

Having regard to the importance of the expression "public servant",1 the Penal Code, in section 21, contains an elaborate definition, making a lengthy enumeration of various categories of public servants, and the categories are mainly (though not exclusively) based on the function discharged by the person concerned.

1. Para. 2, supra.

4. The enumeration in the first eleven clauses of section 21 covers the following functions discharged by the public servant concerned:-

(i) functions connected with defence;1

(ii) judicial or semi-judicial functions or other functions in connection with the administration of justice;2

(iii) functions connected with the prevention of offences and the maintenance of law and order;3

(iv) functions connected with the proprietary or financial interests of the state;4 and

(v) functions connected with elections.5

The last clause6 of the section is residuary. It will require detailed discussion later.7

1. Section 21, clause second.

2. Section 21, clauses third, fourth, fifth and sixth.

3. Section 21, clauses seventh and eighth.

4. Section 21, clauses ninth and tenth.

5. Section 21, clause eleventh.

6. Section 21, clause twelfth.

7. See paras. 7 and 11, infra.

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

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