PUBLIC SERVANT :-SECTION 21
SECTION 21 OF I.P.C.1860 not defined who are the public servant only listed various functionaries who are designated as public servants .The general characteristic of public servant is where performs certain public functions ,hence all goverment are not public servant .Public servant is depend on
1.whether he is in the service or pay of the govt.
2.every commissioned officer in NAVY,AIR FORCE OR MILITARY
3.every judge
5. every officer of a court of justice
6.every arbitrator
7.every juryman ,assessor or member of panchayat
8.every person who hold any office
9.A municipal commissioner is a public servant
in RAMESH KULKARNI V. STATE OF MAHARASHTRA It was held thr r 2 requirement for public servant within sec.21 of IPC (a) public servant is an authority who must be appointed by the govt or semi govt. body and should be in the pay or salary .
in RS NAYAK A.R. ANTULAY It was held M.L.A. IS not a public servant
In SS DHANOA V DELHI MUNICIPALITY It was held on deputation of IAS CO-operative society registered under co;operative societies Act is not a public servant
STATE OF MAHARASHTRA v KANCHAND -it was held that an employee of a nationalized bank is a public servant.
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