"Public servant"
Section 21 of the Indian Penal Code, 1860 deals with "Public servant". The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely:-- * * * * Second.--Every Commissioned Officer in the Military, [Naval or Air] Forces [ of India]; The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely:--
* * * *
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 persons. any adjudicatory functions;]
Fourth.--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;
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 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] ;
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;
[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;]
[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.]
* * * *
Section 21, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 2 Definitions Close, with changes 62%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 60
- Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act s. 49 Members, officers, etc., to be public servants
- Aadhar (Targeted Delivery of Financial and Other subsidies, Benefits and Services) Act s. 49
- Act 2 of 2016 s. 19 Chairperson, Members and employees of the Commission to be public servants
- Actuaries Act s. 54 Members, etc., to be public servants
- Additional Emoluments (Compulsory Deposit) Act s. 22 Persons performing functions under this Act to be public servants
- Administrative Tribunals Act s. 31 Members and staff of Tribunal to be public servants
- Air (Prevention and Control of Pollution) Act s. 44 Members, officers and employees of Board to be public servants
- Air ( Prevention and Control of Pollution) Act s. 44 Members, officers and employees of Board to be public servants
- Airports Authority of India Act s. 32 Officers and employees of the Authority to be public servants
- Airports Economic Regulatory Authority of India Act s. 43 Members, officers and employees of Authority to be public servants
- Ajmer Development Authority Act s. 82 Officers and other employees of the Authority to be public servants
- Ambaji Area Development and Pilgrimage Tourism Governance Act s. 50
and 48 more
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Punjab State Warehousing CORP vs Bhushan Chander
Court's Decision & Legal Precedent
Protection under Section 197 CrPC is not available to employees of Government companies or public undertakings (even when such undertakings are 'State' within Article 12 of Constitution) for prosecution of offences. Furthermore, offences of criminal breach of trust (Section 409), forgery (Sections 467, 468, 471) and cheating (Section 420) committed by a public servant cannot reasonably be claimed to be done in discharge of official duty; rather, the official position merely provides the opportunity for commission. Sanction under Section 197 CrPC is required only when there is a reasonable connection between the criminal act and the discharge of official duty, or when the act can be done under colour of office. Acts directly and reasonably disconnected from official duty do not attract Section 197 protection.
On this section: Definition of 'public servant' - relevant to determining who qualifies for Section 197 CrPC protection
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Union of India vs Ratneshwar Singh
Court's Decision & Legal Precedent
The expression 'other authority' appearing in Rule 9(2) of the Railway Servants (Discipline & Appeal) Rules, 1968 is not restricted to serving railway officers and, by its plain language and in consonance with the purpose and scheme of the Rules, includes retired railway officers who may be appointed as inquiry officers to conduct departmental inquiries, provided such appointment is made by the disciplinary authority in exercise of its delegated discretion and the respondents fail to demonstrate de facto prejudice from such appointment. The appointment of retired railway officers as inquiry officers is further supported by the Railway Board's circulars which validly supplement the statutory rules without being in conflict therewith. The doctrine of necessary implication cannot be applied to exclude retired officers absent explicit statutory language or irresistible implication. Additionally, in departmental proceedings, violation of non-mandatory statutory rules does not vitiate proceedings unless the delinquent officer pleads and proves actual de facto prejudice, and mere apprehension or reasonable suspicion of prejudice is insufficient. The principles of natural justice do not require supply of Central Vigilance Commission advice unless such advice was actually considered by the disciplinary authority and caused actual prejudice to the officer.
On this section: Court cited definition to note that public servant is broader concept and includes persons remunerated for public duty, distinguishing it from the term 'other authority' used in the Rules
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Chandan Kumar Basu vs State of Bihar
Court's Decision & Legal Precedent
When a public servant is prosecuted for offences such as criminal breach of trust, cheating, and forgery under Sections 406, 409, 420, 467, 468, 471 IPC, such acts cannot be considered as committed in the discharge of official duties. The official position merely provides an opportunity for commission of such offences. Consequently, sanction under Section 197 Code of Criminal Procedure is not required for prosecution of public servants for such offences, even if they fall within the definition of 'public servant'. However, the question of sanction requirement can be raised at any stage of proceedings after cognizance has been taken and may have to be determined progressively at different stages of the trial as evidence emerges.
On this section: Definition of 'public servant' and specifically the term 'corporation' in the definition; Court held that 'corporation' means corporations established by statute and has no application to cooperative societies registered under Cooperative Societies Act
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Chandan Kumar Basu vs State of Bihar
Court's Decision & Legal Precedent
The requirement of sanction under Section 197 CrPC for prosecution of a public servant is not a jurisdictional prerequisite to be mechanically decided at the stage of cognizance based solely on allegations in the complaint. Rather, the question of whether all three mandatory conditions (public servant status, removability with government sanction, and nexus with official duty) are satisfied can be determined at different stages of the proceeding as evidence unfolds during investigation and trial. Specifically, regarding crimes under Sections 406, 409, 420 (fraud, cheating, criminal breach of trust), such acts cannot form any part of official duty, and official status merely provides opportunity; therefore, sanction is generally not required. However, the trial court retains the liberty to revisit and decide all issues of sanction in light of facts that emerge during trial.
On this section: Definition of public servant. Court considered whether cooperative society officers fall within 'corporation' definition. Court relied on S.S. Dhanoa precedent that 'corporation' means statutory corporations and does not apply to cooperative societies.
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Chandan Kumar Basu vs State of Bihar
Court's Decision & Legal Precedent
A person accused of criminal offences involving breach of trust, forgery, and fraud cannot claim exemption from prosecution merely on the ground of being a public servant, as such acts cannot constitute discharge of official duty. However, the question of whether sanction under Section 197 CrPC is required can be determined at any stage of criminal proceedings, and should not be conclusively decided at the cognizance stage if evidence regarding the public servant status, removability condition, and official duty nexus is not fully established. The trial court should retain flexibility to revisit this question as evidence unfolds during the proceedings.
On this section: Definition of 'public servant' and interpretation of 'corporation' - whether cooperative societies fall within this definition
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Chandan Kumar Basu vs State of Bihar
Court's Decision & Legal Precedent
Where a public servant is prosecuted for offences such as criminal breach of trust, cheating, forgery and related crimes under Sections 406, 409, 420, 467, 468, 471 IPC, sanction under Section 197 CrPC is not required, as these offences cannot be part of official duty but merely constitute opportunities provided by official position. However, the question of whether sanction is required can be raised and determined at any stage of proceedings including during trial, and the accused must be given opportunity to establish whether the acts were actually committed in discharge of official duty before final determination of the sanction question.
On this section: Court examined clause 12 of Section 21 to determine whether a cooperative society officer falls within the definition of public servant, specifically analyzing whether cooperative societies are statutory corporations
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Sheikh Abdul Majeed vs Union Territory Of Jammu & Kashmir Through Senior Superintendent Of Police, Police Station Anti Corruption Bureau Srinagar
Court's Decision & Legal Precedent
A private individual who enters into a contract with a government undertaking to perform duties in which the State, public or community at large has an interest, thereby holds an 'office' and performs 'public duty' within the meaning of Sections 2(b) and 2(c) of the Prevention of Corruption Act 1988, and can therefore be prosecuted under the Act for demanding or accepting bribes in connection with such duties. The definition of 'public servant' in the 1988 Act is to be interpreted purposively and widely to give effect to the legislative intention to widen the scope of anti-corruption law beyond traditional government employees.
On this section: Referenced to show that Prevention of Corruption Act 1988 has broader definition than IPC Section 21.
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Laxman @ Laxman Rawat vs Hariom Forging (p) LTD
Court's Decision & Legal Precedent
A litigant cannot be expected to rely solely on court websites for tracking proceedings, as the availability of orders and proceedings on court websites is subject to technical limitations and vagaries of technology. Courts cannot ensure real-time availability of all orders on their websites, and therefore, litigants cannot claim ignorance of proceedings based on non-availability of information on court websites.
On this section: Definition of public servants and judicial proceedings
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Tummala Lakshmana Rao vs Sri Sadhu Narayana
Court's Decision & Legal Precedent
When a public servant, including a judge, is accused of offences punishable under Sections 217, 218, 219, 166, and 167 IPC (offences committable only by public servants), previous sanction of the appropriate Government under Section 197 Cr.P.C is a mandatory condition precedent for taking cognizance of such offences. Additionally, judicial acts performed by judges in exercise of their judicial powers are protected by Section 77 IPC, and official actions taken pursuant to judicial orders are protected by Section 78 IPC. Private criminal complaints against judges for acts performed in their judicial capacity are not maintainable, and the proper remedy is through appellate courts, not collateral criminal proceedings.
On this section: Defines 'public servant' to include judges; used to establish that judges are public servants subject to provisions regarding public servant offences
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 21
What have the courts held on Section 21 of the Indian Penal Code?
Punjab State Warehousing CORP vs Bhushan Chander (29 Jun 2016) is the leading judgment on this section among those set out below: Definition of 'public servant' - relevant to determining who qualifies for Section 197 CrPC protection. Another 8 judgments on this section are set out below, 6 of them from the Supreme Court. They run from 2010 to 2023.
How do I find court cases under Section 21 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 21, section 21 IPC, section 21 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 9 reported judgments on this section are set out on this page, beginning with Punjab State Warehousing CORP vs Bhushan Chander (29 Jun 2016).
What should I read with Section 21 of the Indian Penal Code, and has it changed?
60 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 2 (Definitions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 21 of the Indian Penal Code come into force?
Section 21 of the Indian Penal Code, cited as IPC 21, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.