Authority of Public Servant

Public Servant (Section 21)

Section 21:- Public servant …….. The words public servant denotes a person falling under any of the descriptions hereinafter following namely:

First: - Repealed

Second: - Every commissioned officer in the military Naval or Air Forces of India

Third: - Every judge including any person empowered by law to discharge, whether by himself or as a member of any body of person any adjudicatory functions;

Fourth: - Every officer of a court of justice whose duty 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 preserved order in the court and every person specially authorized by a court of justice to perform any of such duties

Fifth: - Every juryman assessor or member of a panchayat assisting a court of justice or public servant.

Sixth: - 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

Seventh: - Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement

Eighth :- 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.

Ninth :- 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 interest 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 laws for the protection of the ;pecuniary interests or the government.

Tenth: - 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 right of the people of any village town or district.

Eleventh: - Every person who hold any office in virtue of which he is empowered to prepare, publish maintain or revise an electoral roll or to conduct an election or parts 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.

Explanation 1:- Persons falling under any of the above descriptions are public servants whether appointed by the government or not

Explanation 2:- Wherever the words public servant occurs they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Explanation 3:- The word election denotes an election for the purpose of selecting members of any legislative municipal or other public authority of whatever character, the method of selection to which is by or under any law prescribed as by election.

Contempt of the lawful authority of public servant (Sec-172 to190):

Chapter 10 of IPC talks about the offences relating to contempt of lawful authority.

The main offences are:

1) Prevention of summons

2) Absconding from place in order to escape from proceedings.

3) Non – Attendance and Non – Appearance

4) Omission to produce relevant documents

5) Producing false information

6) Refusal to sign and take an oath

7) Obstructing the sale of property or illegal purchase

8) Threatening the public servant who is responsible.