BACK TO SECTIONS(1997) 1 SCC 196
N/ACognizable: N/AN/A
Reform Highlights
1
Renumbered from IPC Section 21 to BNS Section 13.
2
All thirteen original categories of public servants preserved.
3
Prevention of Corruption Act 1988 has a separate, broader definition for corruption offences.
THE STATUTE
The Clause
The words 'public servant' denote a person falling under any of the following descriptions: Every Commissioned Officer in the Military, Naval or Air Forces of India; Every Judge; Every officer of a Court; Every jury man, assessor, or member of panchayat assisting a Court; Every arbitrator or other person to whom any cause or matter has been referred for decision by any Court; Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Every officer of the Government whose duty it is to prevent offences or to give information of offences; Every officer empowered to make or certify any official document; and any person who holds any office by virtue of which he is authorised to vote on behalf of others.
Legal Commentary
Section 13 of the BNS contains one of the most consequential definitions in Indian criminal law — 'public servant.' The definition is deliberately broad, covering thirteen categories of persons, from commissioned military officers to judges, court officers, jurors, panchayat members, arbitrators, detention officers, police officers, election officers, and any person performing a public duty under governmental authority. The breadth of this definition determines the scope of enhanced punishments in the BNS: assaulting a public servant attracts higher sentences than assaulting a private individual; a public servant committing criminal breach of trust faces life imprisonment under BNS 316. The Prevention of Corruption Act 1988 has its own even broader definition of 'public servant' for corruption offences, but BNS Section 13 governs all other criminal law contexts. The functional test — what the person is empowered to do — matters more than formal designation.
Landmark Precedents
State of Gujarat v. Manshankar (1997)
RELEVANCE
Court applied a functional test — a person performing a public duty under a government scheme qualified as a public servant even without formal designation.
Case Simulations
"A District Collector exercising revenue powers — public servant under Section 13."
"A police constable on patrol duty — public servant under Section 13."
"A judge of any court — public servant under Section 13."
"An election officer overseeing a polling booth — public servant under Section 13."
Expert Insights
Courts have held that persons specifically empowered to perform public duties under government authority can qualify as public servants under the functional categories in the definition. Mere contract work without specific public empowerment generally does not qualify.
Yes — MPs fall within the definition as persons empowered to vote and perform official public functions. However, Article 105 of the Constitution provides immunity for votes and speeches in Parliament.