Indian Penal Code, 1860
Section 21
repealedPublic servant
The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely:
Why this exists
The Indian Penal Code needed a clear, consistent meaning for 'public servant' because many offences (like bribery, disobedience of official duty, or offences against public justice) depend on whether the person involved held such a position. Instead of giving one broad definition, the drafters chose to list specific categories (like judges, government officers, election officials, etc.) to avoid ambiguity and litigation over who counts as a 'public servant'.
How courts read it
Courts have generally read this introductory line as a signal that the definition of 'public servant' is exhaustive but must be interpreted purposively, giving effect to the specific clauses that follow rather than any general dictionary meaning of the term. Judgments interpreting the later numbered clauses (like State of Gujarat v. Mansukhbhai Kanjibhai Shah or R.S. Nayak v. A.R. Antulay) rely on this framing to decide whether a particular person, such as a government employee or elected official, qualifies as a 'public servant' under the specific listed descriptions.
Common misconceptions
- Myth: This line itself defines who is a public servant.
Fact: It doesn't define anyone specifically — it just introduces the list of categories that will actually do the defining.