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Report No. 156

8. Amendment of the definition of public servant under section 21.-

Do you agree that section 21 be amended in view of considerable overlapping, particularly after the recasting of clause twelfth by the amending Acts of 1958 and 1964 and also in view of the fact that some clauses require drastic revision in the following manner:

"Public servant" means,-

(i) any person in the service or pay of the Government, or remunerated by the Government by fees or commission for the performance of any public duty;

(ii) any person in the service or pay of a local authority;

(iii) any person in the service or pay of a corporation owned or controlled by the Government;

(iv) any Judge, including any person empowered by law to discharge, whether by himself or as a member of a body of persons, any adjudicatory functions;

(v) any person specially authorised by a Court of Justice to perform any duty in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such Court;

(vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by a Court of Justice or by a competent authority;

(vii) any person employed or engaged as an examiner or as an invigilator by any public body in connection with any examination recognised or approved by or under any law.

Explanation.-The expression "public body", includes-

(a) a University, Board of Education or other body or institution, either established by or under a Central, State or Provincial Act or constituted by the Government;

(b) a local authority;

(viii) any person who holds an office by 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; or

(ix) any person who holds an office by virtue of which he is authorised or required by law to perform any public duty.

Explanation 1.-Persons falling under any of the above clauses are public servants whether appointed by the Government or not,

Explanation 2.-A person falling under any of the above clauses by virtue of any office or situation he is actually holding is a public servant, whatever legal defect there may be in his right to hold that office or situation as provided in clause 9 of the Indian Penal Code (Amendment) Bill, 1978"?



The Indian Penal Code Back




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