Public Servant - Section 21A

Public Servant - Section 21A

This section explains who is a government employee: 

  1. The first was repelled by adaptation and commands in 1950

  2. Second, every commissioned officer of India's military, navy, or air force.

  3. Third, it refers to any judge or other legal authority that has the authority to relieve somebody of their responsibilities. 

  4. Fourth, any individual in a court of justice who orders or commissions any act in order to maintain law and order in the court, or who carries out any judicial process, falls under the definition of a public servant. 

  5. Fifth, any member who assists the panchayat raj, any officer of the court of justice, or any other public servant would be considered a public servant.

  6. Sixth, any arbitrator or other person to whom a subject has been referred for further investigation or resolution, or any report has been requested by another competent public authority. 

  7. Seventh anyone who is empowered by law to keep a place or hold a person in confinement; for example, a jailor who is keeping a prisoner in custody, or anyone who is empowered to carry out any such power and that power emanates from the government, will fall under this section's scope. 

  8. Eighth, every government officer with the authority to prevent crimes, apprehend wrongdoers, conduct investigations, or protect public health, safety, or convenience will be covered by this act; for example, a police officer, a traffic cop, or a CBI agent are all entrusted by the government to protect the public and maintain law and order. 

  9. Ninth This act will apply to any officer who is authorized by the government to execute contracts in the name of the government, to execute sale deeds or purchases in the name of the government, to keep a record of all authenticated papers, and to prevent law violations. 

  10. Tenth, any officer whose job it is to levy taxes on behalf of the government for the common good of any town, village, or property. 

  11. Eleventh This act will apply to anybody who has the authority to compile, publish, maintain, or update an electoral roll, or to conduct an election or a portion of an election.

  12. Twelfth, any person appointed by the government to receive remuneration or commission for performing any government task, or in the service of any government firm as defined in section 617 of the Companies Act, 1956.


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Section 21 of Indian penal code,1860: The term "public servant" refers to anyone who fits into one of the following categories:— 1* * ** 

Second.- Each Commissioned Officer either in the Military, [Naval or Air] Forces[4**** of India]; 

[Third.—Every Judge, including any person entrusted by law with any adjudicatory tasks, whether acting alone or as part of a group;]

Fourth.- It states that each and every officer of a Court of Justice [(including a liquidator, receiver, or commissioner)] whose duty it is 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 carry out any judicial process, or to administer an oath, or to interpret, or to maintain order in the Court, as well as anyone specifically authorized by a Court of Justice to carry out any of these functions

Fifth.—Any juryman, assessor, or panchayat member helping a Court of Justice or public official

Sixth.—Any arbitrator or other person to whom any cause or issue has been referred by any Court of Justice or other competent public body for decision or report

Seventh.—Someone who holds a position in which he has the authority to imprison or detain anyone

Eighth.—Every officer of [the Government] whose job it is to prevent offences, provide information about offences, prosecute offenders, or preserve the public health, safety, or convenience in his or her capacity as such officer. 

Ninth.—Any officer whose duty it is 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 Government's] pecuniary interests, or to make, authenticate, or keep any document relating.

Tenth- Each officer whose duty it is to take, receive, keep, or expend any property, to end up making any survey or assessment, or to levy the certain rate or tax for any secular common purpose of any village, town, or district, or to make, authenticate, or keep any document for the ascertainment of the rights of the people of any village, town, or district

[Eleventh.—Any person who holds an office that allows him to create, publish, maintain, or update an electoral roll, or to conduct an election or a portion of an election;]

[Twelfth - Every person-

(a) in the service or pay of the Government, or remunerated by payments or commission for the performance of any public duty by the Govt; 

(b) in the service or pay of a local government, a corporation founded by or under a Central, Provincial, or State Act, or a Government company as defined in section 617 of the Companies Act, 1956 (1 of1956) or a Government company as defined under section 617 of the Companies Act,


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Judgment

Krishi Upaj Mandi v. Madhya Pradesh Aug 17, 2016: Respondents No. 1 and 2 were exonerated for an offence under Section 407 of the IPC by the learned Trial Court in a judgment dated October 4, 2013, on the grounds that they are not public servants.

In Cr.A. No.30/14, the same was considered, and it was decided that Section 64 of the Constitution applies.

The respondents are "public servants" in M.P. Krishi Upaj Mandi Adhiniyam, 1972. As a result, they are public servants under IPC section 21. The learned Court acquitted defendants No. 1 and 2 on the additional reason that the traders who deposited the funds were not scrutinized.

The amounts were deposited, according to counsel for the petitioner, because of articles 1 to 18 and 25 and 26. However, this sum is stated to have been misappropriated by the respondents because it was not deposited with the Mandi in Udaipur.

Given the foregoing, leave to appeal is granted.

Permission to appeal has been granted.

Offence Punishment Cognizance Bail Triable By
NA NA NA NA NA
Offence NA
Punishment NA
Cognizance NA
Bail NA
Triable By NA

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