The Indian Penal Code, 1860

"Court of Justice"

20.        "Court of Justice" –

            The words "Court of Justice" denote a Judge who  is empowered  by law  to act judicially alone, or a body of Judges which is empowered  by law  to act judicially as a body, when such Judge or body of Judges is acting judicially.

            Illustration

            A Panchayat  acting  under 5*Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.

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1.   Subs. by the A. O. 1950, for s. 14.

2.   Subs., ibid., for s.17.

3.   The words  and letter "Part A" omitted by Act 3 of 1951, s. 3 and Sch.

4.   Subs. by s. 3 and Sch., ibid., for s. 18.

5.   Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).

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21.        "Public servant" –

            The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely –

            1*         *               *               *               *

            Second - Every Commissioned Officer in the Military, 2*[Naval or Air] Forces 3*[4**** of India];

            5*[Third – 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;]

            Fourth – Every officer of a Court of Justice 6*[(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;

            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 7*[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 7*[the Government], or  to make  any survey,  assessment or  contract on behalf of  7*[the Government], or to execute any   revenue –

            process, or to investigate, or to report, on any matter affecting the pecuniary   interests of 7*[the Government], or  to make authenticate or  keep any  document  relating to the pecuniary interests of 7*[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 7*[the Government] 8****;

            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 rights of the people of any village, town or district;

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1.   Cl. First omitted by the A. O. 1950.

2.   Subs. by Act 10 of 1927, s. 2 and Sch. I, for "or Naval".

3.   Subs by the A. O. 1948,  for "of the Queen while serving under any Government in British India or the Crown Representative".

4.   The words "of the Dominion" omitted by the A. O. 1950.

5.   Subs. by Act 40 of 1964, s. 2, for cl. Third.

6.   Ins. by s. 2, ibid.

7.   Subs. by the A. O. 1950, for "the Crown".

8.   Certain words omitted by Act 40 of 1964, s. 2.

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            1*[Eleventh - Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral  roll or  to conduct an  election or part  of  an election;]

            2*[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 (1 of 1956).]

                        Illustration

                        A Municipal Commissioner is a public servant.

                        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" occur, 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.]

                        4*         *               *               *               *