IPC Section 21 - “Public Servant”

In the Indian legal system, the term “Public Servant” holds significant weight, especially in the cases involving corruption, misuse of power, and criminal breach of trust. IPC Section 21 (now replaced by Section 2(28) of BNS) defines who qualifies as a public servant, making it a foundational provision for enforcing accountability in public offices. Whether it's a government officer, a judge, or even someone temporarily performing a public duty, understanding this definition is crucial for both legal professionals and the general public.

In this blog, we will explore:

• The legal definition of a public servant under IPC Section 21,
• A simplified explanation for better understanding,
• The practical importance of this section in criminal law,
• Real-life examples to clarify its scope,
• The legal significance of categorizing someone as a public servant,
• Key landmark case laws interpreting this section,

Whether you're a law student, practicing lawyer, or simply someone navigating a legal issue, this guide will give you a clear and actionable understanding of IPC Section 21.

Legal Definition Of “Public Servant”

Section 21 of the Indian Penal Code, 1860 reads as follows:

The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely:—

First— Every Commissioned Officer in the Military, Naval or Air Forces of India;

Second— 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;

Third— Every officer of a Court of Justice (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 any 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 authorized by a Court of Justice to perform any of such duties;

Fourth— Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;

Fifth— 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;

Sixth— Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

Seventh— Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

Eighth— Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;

Ninth— 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;

Tenth— Every person who holds any office under the Government and is not specified in any of the preceding clauses;

Eleventh— Any person who is authorised by a body of persons incorporated by an Act to conduct an election or part of an election;

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 the Companies Act, 1956.

Simplified Explanation

In simple terms, a public servant is a person who performs duties for the government or public interest. This includes not only government employees but also those working in local authorities, government-aided institutions, and even private individuals temporarily fulfilling public roles under law.

For example:

• A police constable enforcing law and order is a public servant.
• A government school teacher drawing a salary from the state exchequer is also a public servant.

Practical Importance Of IPC Section 21

The definition of a public servant under IPC Section 21 plays a vital role in:

• Determining liability under criminal laws such as IPC Sections 161–165 (now under PC Act)
• Applying stricter punishment in cases like criminal breach of trust by a public servant (IPC 409)
• Establishing procedural safeguards, such as sanctions for prosecution under CrPC Section 197

This classification directly affects trials involving misuse of power, corruption, and abuse of official authority.

Examples Illustrating IPC Section 21

• Example 1: A Tahsildar misuses land records to benefit a private party — he can be tried under corruption laws as a public servant.
• Example 2: A municipal officer issues false birth certificates — they are liable under IPC and Prevention of Corruption Act.
• Example 3: A private individual appointed temporarily to perform public duties (like a government-appointed surveyor) is treated as a public servant during that role.

Legal Significance Of Defining “Public Servant”

This definition is not just academic — it determines:

• Jurisdiction of anti-corruption courts
• Whether prior sanction is needed before prosecution
• Extent of punishment, especially in cases involving breach of trust, bribery, or dereliction of duty

Additionally, various statutes (like the Prevention of Corruption Act, 1988, and the CrPC) rely on this definition to ensure accountability in public offices.

Landmark Case Law on 'Public Servant'

Several judgments have interpreted the term "public servant" and its scope:

1. R.S. Nayak v. A.R. Antulay

Facts: A.R. Antulay, then Chief Minister of Maharashtra, was accused of corruption while in office. The question arose whether a Chief Minister falls within the definition of a “public servant” for the purpose of prosecution under anti-corruption laws.

Held: In this case, R.S. Nayak v. A.R. Antulay, the Supreme Court held that a Chief Minister is a public servant under the Prevention of Corruption Act and IPC Section 21. The Court emphasized that even elected officials holding executive power must be accountable.

2. P.V. Narasimha Rao v. State (CBI/SPE)

Facts: Former Prime Minister P.V. Narasimha Rao was accused of bribing MPs to secure a no-confidence vote. A key issue was whether Members of Parliament are public servants and if they are protected under parliamentary privilege for acts like voting or speaking in Parliament.

Held: In this case, P.V. Narasimha Rao v. State (CBI/SPE), the Court held that Members of Parliament are public servants under Section 21 IPC. However, the MPs who received bribes were protected under Article 105(2) for acts inside Parliament, including voting, creating a complex intersection of privilege and accountability.

Conclusion

The definition of a "public servant" under IPC Section 21 is not just a technical legal detail—it is a cornerstone of accountability in India's criminal justice system. From prosecuting corruption to ensuring lawful conduct by those in power, this section plays a pivotal role in identifying who can be held to a higher standard of legal responsibility. Whether it's a government officer, a judge, a police constable, or even a person temporarily empowered by the state, IPC Section 21 ensures that no one performing public duties is above the law.

Understanding this section is essential for legal practitioners, law students, and citizens alike—because justice often begins with identifying who must answer to it.

Frequently Asked Questions (FAQs)

Here are some common questions people ask about IPC Section 21 and the concept of a public servant in Indian law.

Q1: Is a government teacher a public servant?

Yes, since they are paid from the Consolidated Fund of the State and serve a public function.

Q2: Are employees of public sector banks considered public servants?

Yes, especially under the Prevention of Corruption Act, as they perform public functions and handle public money.

Q3: Can a private contractor ever be treated as a public servant?

Yes, if the contractor is temporarily authorized by the government to perform a public duty, they can be classified as a public servant for that specific role.

Q4: Does IPC Section 21 apply to employees of NGOs receiving government funds?

It depends. If the NGO is substantially funded or controlled by the government, and its employees perform public functions, courts may interpret them as public servants under specific statutes like the Prevention of Corruption Act.