IPC 21: Section 21 of the Indian Penal Code

December 15, 2014

“Public servant”

The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely -

1. * * * * *;
2. Every Commissioned Officer in the Military, Naval or Air Forces of India;
3. 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;
4. 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;
5. Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;
6. 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;
7. Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
8. 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;
9. 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;
10. 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;
11. 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;
12. Every person:
    1. in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
    2. 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).

Illustrations

1. A Municipal Commissioner is a public servant.

Explanations

1. Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
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.
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.

IPC 196: Section 196 of the Indian Penal Code

December 15, 2014

Using evidence known to be false

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

IPC 20: Section 20 of the Indian Penal Code

December 15, 2014

“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.

Illustrations

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

IPC 195: Section 195 of the Indian Penal Code

December 15, 2014

Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

IPC 19: Section 19 of the Indian Penal Code

December 15, 2014

“Judge”

The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person -

who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

Illustrations

1. A collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.
2. A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a Judge.
3. A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suit, is a Judge.
4. A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.

IPC 18: Section 18 of the Indian Penal Code

December 15, 2014

“India”

“India” means the territory of India excluding the State of Jammu and Kashmir.

IPC 17: Section 17 of the Indian Penal Code

December 15, 2014

“Government”

The word “Government” denotes the Central Government or the Government of a State.

IPC 194: Section 194 of the Indian Penal Code

December 15, 2014

Giving or fabricating false evidence with intent to procure conviction of capital offence

IPC 16: Section 16 of the Indian Penal Code

December 15, 2014

Definition of “British India”

Rep. by the A. O. 1937.

IPC 193: Section 193 of the Indian Penal Code

December 15, 2014

Punishment for false evidence

Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanations

1. A trial before a Court-martial is a judicial proceeding.
2. An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.Illustrations
   1. A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as given false evidence.
3. An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.Illustrations
   1. A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.