AI Overview...
Definition of Service under Section 21 of IPC
- Public Servant - Main points:
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Section 21 of the Indian Penal Code (IPC), 1860, defines a public servant as any person in service or pay of the Government, a local authority, or a statutory corporation established by or under a Central, Provincial, or State Act. This includes employees who are remunerated by fees or commissions for public duties performed on behalf of the Government Naresh Kumar Madan VS State Of M. P. - Supreme Court, Naresh Kumar Madan VS State of Madhay Pradesh - Crimes, A. R. Puri VS State - Crimes, A. R. PURI VS STATE OF DELHI - Delhi.
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Scope of Service:
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The definition encompasses persons working directly for the Government, statutory bodies, or corporations established under law, including employees of organizations like the Steel Authority of India or insurance companies assisting the Government Basudeva Satapathy VS State of Orissa - Crimes, A. R. PURI VS STATE OF DELHI - Delhi.
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Exclusions:
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Certain categories, such as legislators or employees of private bodies not established by law, are generally excluded from this definition. For example, legislators do not qualify as public servants under Section 21 Kuldeep Singh Sengar vs Central Bureau Of Investigation - Delhi.
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Legal Interpretations:
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The courts have emphasized a purposive and wide construction of the term, considering the legislative intent to cover all persons in service of the State or statutory bodies performing public functions Anup Kumar Gond VS Central Bureau of Investigation - Bombay.
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Specific Cases:
- An officer in the Salt Department or employees of statutory corporations like the Steel Authority of India are recognized as public servants because they are in service and pay of the Government Nazamuddin VS Queen-Empress - Calcutta, Basudeva Satapathy VS State of Orissa - Crimes.
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Conversely, employees of private or non-statutory bodies, or those not in service of the State, are generally not considered public servants under this section Balbir Singh VS State of Punjab - Crimes.
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Legal Implications:
- Charges against individuals are appropriate if they fall within the definition of public servant; otherwise, such charges may be invalid. For instance, charges under Section 409 IPC require proof of service or employment in a public capacity Binod Kr. Agarwala, Son of Late Khubchand Agarwala vs Ram Borah, Son of Sri Bharat Chandra Borah - Gauhati.
Analysis and Conclusion
The definition of public servant under Section 21 IPC is broad, including anyone in the service or pay of the Government or statutory bodies established by law, with the primary focus on service related to public duties. The courts interpret this definition in a purposive manner to encompass a wide range of public officials while excluding private individuals and legislators. This comprehensive understanding ensures clarity in legal proceedings involving public servants.
References: - Naresh Kumar Madan VS State Of M. P. - Supreme Court - Naresh Kumar Madan VS State of Madhay Pradesh - Crimes - A. R. Puri VS State - Crimes - A. R. PURI VS STATE OF DELHI - Delhi - Balbir Singh VS State of Punjab - Crimes - Basudeva Satapathy VS State of Orissa - Crimes - Anup Kumar Gond VS Central Bureau of Investigation - Bombay - Nazamuddin VS Queen-Empress - Calcutta - Binod Kr. Agarwala, Son of Late Khubchand Agarwala vs Ram Borah, Son of Sri Bharat Chandra Borah - Gauhati
Search Results for "Definitnion of Service under 21 of Ipc"
2007 3 Supreme 766 • India - Supreme Court
S.B.SINHA, MARKANDEY KATJU
Penal Code, 1860 — Section 21 — Public Servant — Definition. ... Section 2(1)(c) of the 1988 Act also brings within its embrace a person in the service or pay of a corporation established by or ... However, we may notice that a person who, inter alia, is in the service or pay of the Government established by or under a Central ... Considering the aforesaid provisions of law, it emerged that for the purpose of the Act of 1947, a “public servant” is a person who is covered under the definition of ‘public ....
• India - Crimes
S.B.SINHA, MARKANDEY KATJU
(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 ... Before the courts below as also before us, the contention of Appellant has been that ‘public servant’ having been defined in Section 81 of the 1948 Act, the same does not satisfy the requirements of the definition as contained in Section 21 of the #HL_START....
• India - Crimes
M.K.CHAWLA
. nor in service of a statutory corporation within the meaning of section 21, cl Twelfth, of the Code and, therefore, cannot be prosecuted ... section 21, I.P.C. ... Indian Penal Code, 1860-Section 21, clauses Fifthly, Twelfth-Assessor of an insurance company not 'public servant’ as defined in ... Any person in the service of and assisting the Government or a Corporation established under the Central Act, will fall within the definition of public ser....
1987 0 Supreme(Del) 152 • India - Delhi
M.K.CHAWLA
nor in service of a statutory corporation within the meaning of section 21, cl Twelfth, of the Code ... of an insurance company not 'public servant’ as defined in section 21, I.P.C. ... Indian Penal Code, 1860-Section 21, clauses Fifthly, Twelfth-Assessor ... Any person in the service of and assisting the Government or a Corporation established under the Central Act, will fall within the definition of public servant as defined. in sub-clause (5), (9....
2025 Supreme(Online)(Del) 46210 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, HARISH VAIDYANATHAN SHANKAR
The court prima facie determined that the appellant, as a legislator, does not qualify as a 'public servant' under Section 21 IPC ... Ratio decidendi emphasizes purposive construction limited to defined acts; Section 21 IPC excludes legislators, as held in relevant ... The judgment involves offenses under Sections 376, 363, 366 of the Indian Penal Code, 1860, read with Sections 5(c)/6 of the Protection ... mobile number 8052616161 of the service provider Vodafone. ... Meaning of ‘publi....
• India - Crimes
Sabina
An employee of a body corporate, like a co-operative society, did not fall within the definition of Section 21 IPC. ... Definition of public servant in Section 2(c) (iii) is similar to the definition given in Section 21 clause twelfth of IPC. But it is the definition of public servant in 2(c)(viii) which seems to be applicable to be present case. ... The court sought the aid of Section 21 IPC and as per clause twel....
• India - Crimes
A.S.NAIDU
(i) Indian Penal Code, 1860 — Section 21 — Public Servant — Employee of Steel Authority of India would be a public servant. ... (Para 6) ... (ii) Indian Penal Code, 1860 — Sections 332 and 333 — ... Appellants could not be held responsible solely for injuries — Conviction could be confirmed only for offence under Section 332 IPC ... But the definition of ‘public servant’ in sub-clause (b) of twelfth clause of Section 21 of the Indian Penal Code which states that ....
2019 0 Supreme(Bom) 1939 • India - Bombay
PRAKASH D.NAIK
Constitution of India, 1950 - Articles 12 and 254 - Indian Penal Code, 1860 - Sections 21, 105A, 120B, 161 ... of public servant was brought in force to purify public administration - When legislature has used such a comprehensive definition ... clause by construction which would be against spirit of statute - Definition of public servant therefore deserves a wide construction ... would be repugnant to the definition of public servant under Section 21 IPC. ... Dhanoa ....
1900 0 Supreme(Cal) 25 • India - Calcutta
PRINSEP, HANDLEY
of the Salt Department is a public servant under Section 21 of the Indian Penal Code, as he is in the service and pay of the Government ... Ratio Decidendi: A person is a public servant under Section 21 of the Indian Penal Code if they are in the service and pay ... Code, as he was in the service and pay of the Government and his duties were auxiliary to those of the Superintendent, who is a ... We think that an "officer in the service or pay of Gov....
2025 0 Supreme(Gau) 1438 • India - IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH
MANISH CHOUDHURY
, IPC - Therefore, any charge under Section 409 is inappropriate as the essential ingredient of public service is absent. ... order to frame charge under appropriate provisions upheld; the accused are not 'public servants' under Clause 'Twelfth' of Section 21 ... (A) Criminal Procedure Code, 1973 - Sections 397 and 401 - Indian Penal Code, 1860 - Section 409 - Criminal breach of trust - Revisional ... As per Clause ‘Twelfth’ of Section 21 , every person [a] in the service or pay of the....
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