Public Servant / Servus Publicus /

Public Servant: A Wide Net of Public Accountability

The term “public servant” is one of the most important definitional provisions in Indian criminal law. Its breadth determines the scope of several major statutes—the Prevention of Corruption Act, 1988; offences against public servants under the BNS; and special procedural protections applicable to such persons. The BNS 2023 (inheriting the IPC’s approach) casts a very wide net, making the definition a matter of frequent litigation.

Categories Under BNS Section 2(28)

The definition includes twelve categories:

1. Every officer in the armed forces of the Union (Army, Navy, Air Force)
2. Every judge (including a person empowered by law to discharge adjudicatory functions)
3. Every officer of a court of justice including liquidators, receivers, and commissioners
4. Every juror, assessor, or member of a panchayat assisting a court
5. Every arbitrator to whom a matter has been referred by a court
6. Every person authorised by a public servant to administer oaths
7. Every officer of the government whose duty it is to prevent offences, give information, or bring offenders to justice
8. Every officer whose duty involves the receipt, custody, or expenditure of any property on behalf of the government
9. Every officer whose duty involves the making, authenticating, or keeping of any document on behalf of the government
10. Every person in service or pay of the government or remunerated by fees by the government for performance of any public duty
11. Every officer of a company formed under any statute, whose income is distributed among members
12. Every chairperson, member, officer, or employee of the Election Commission of India

Judicial Interpretation: Wide vs. Purposive

Courts have interpreted the definition both broadly and purposively. In Shiv Bahadur Singh v. State of Vindhya Pradesh AIR 1954 SC 322, the Supreme Court held that the definition must be read widely to protect the public from abuse of power by those in public office. However, in Prakash Singh Badal v. State of Punjab (2007) 1 SCC 1, the Court held that a Chief Minister is a public servant for purposes of corruption prosecutions.

Prevention of Corruption Act, 1988

The Prevention of Corruption Act, 1988 adopts the BNS definition of public servant (through Section 2(c) PC Act, which refers to Section 21 IPC / now Section 2(28) BNS). Corruption offences under the PC Act—taking bribes, misusing office, acquiring disproportionate assets—apply exclusively to public servants. The 2018 Amendment to the PC Act added commercial organisations and broadened the definition of bribery to include gratification given to procure business.

Sanction for Prosecution

One of the most significant practical consequences of being a public servant is the requirement of prior sanction before prosecution. Under Section 218 BNSS (formerly CrPC Section 197), no court can take cognisance of an offence alleged to have been committed by a public servant in the discharge of official duty without prior sanction from the appropriate government. This protection prevents harassment of bona fide officers but has been criticised as shielding corrupt officials.

“The definition of public servant is wide by design: those who exercise public power must be broadly accountable under the law. The test is whether the person exercises a duty of a public nature.”