Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]
Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]
Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]
The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.
(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister and
in execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.
(iii) For the purposes of this Act, 'public servant' means a public servant as defined in s. 21 of the Indian Penal Code. By virtue of the Criminal Law (Amendment) Act, 1958, twelfth clause was inserted in s. 21 of the Penal Code, which runs as follows: Twelfth. - Every officer in the service or pay of a local authority or of a corporation engaged in any trade or industry which is established by a Central Provincial or State Act or of a Government company as defined in s. 617 of the Companies Act 1956. By virtue of the Anti Corruption Laws (Amendment) Act, 1964 (Act No. XL of 1964), Clause 12 of s. 21 of the Penal Code was substituted as follows: 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 s. 617 of the Companies Act 1956. It would thus appear that by virtue of these two amendments the Parliament sought to enlarge the definition of 'public servant' so as to include even an employee of a government company or a corporation with the avowed object of stamping out corruption at various levels prevailing in the country, State of Madhya Pradesh v. M.V. Narasimhan, AIR 1975 SC 1835: (1975) 2 SCC 377: (1976) 1 SCR 6.
(iv) For the purposes of this Act, 'public servant' shall have the meaning assigned to it under the Explanation to s. 161 of the Indian Penal Code as amended by the Kerala Criminal Law Amendment Act, 1962; M.K. Kochu Devassy v. State of Kerala, AIR 1979 SC 358: (1979) 2 SCC 117: (1979) 1 SCR 797.
(v) The holder of a public office such as the Chief Minister is a public servant in respect of whom the Constitution provides that he will get his salary from the Government Treasury so long he holds his office on account of the public service that he discharges. The salary given to the Chief Minister is co-terminus with his office and is not paid like other constitutional functionaries such as the President and the Speaker, M. Karunanidhi v. Union of India, AIR 1979 SC 898: (1979) 3 SCC 431: (1979) 3 SCR 254.
(vi) A perusal of the provisions of these sections would clearly reveal that once the respondent was transferred to the Auxiliary Air Force he retained his character as a public servant because he has required to undergo training and to be called up for service as and when required, State v. Air Commodore Kailash Chand, AIR 1980 SC 522: (1980) 1 SCC 667: (1980) 2 SCR 697.
(vii) A 'public servant' is an authority who must be appointed by Government or a semi-government body and should be in the pay or salary of the same and must discharge his duties in accordance with the rules and regulations made by the Government. On the other hand, a Municipal Councillor does not owe his appointment to any governmental authority. Such a person is elected by the people and functions undeterred by the commands or edicts of a governmental authority. The mere fact that he gets allowance by way of honorarium does not covert his status into that of a 'public servant', Ramesh Balkrishna Kulkarni v. State of Maharashtra, AIR 1985 SC 1655 (1656): (1985) 3 SCC 606: (1985) Supp 2 SCR 345.
(viii) So far as the Life Insurance Corporation is concerned, there can be no second view that the employees of the Corporation come within the definition of the term public servant' as given u/s. 21 of the RPC; State v. D.P. Dogra, AIR 1986 SC 312 (313): (1985) 4 SCC 319. [J&K Prevention of Corporation Act, s. 5 (2)]
Public servant, includes not only the State and Central Government employees but also others like judge, juryman, assessor and arbitrator. It also includes every person in the service or pay of the government or remunerated by fees or commission by the government, K. Veeraswami v. Union of India, 1991 (3) SCC 665.
Means a 'public servant, is an authority who must be appointed by Government or a semi governmental body and should be in the pay or salary of the same. Secondly, a public servant is to discharge his duties in accordance with the rules and regulations made by the Government, Ramesh Balkrishna Kulkarni v. State of Maharashtra, AIR 1985 SC 1655. (See also Indian Penal Code, 1860, s. 21).
Means a person who is in service at the time when the court is called upon to take cognizance of the offence, State of Bombay v. Viswakant Srikant Pandit, (1954) 55 Bom LR 717: 1954 Cr LJ 284: AIR 1954 Bom 109.
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