Pakistan Penal Code Section 21: Public Servant Definition Explained (Easy Guide)

Section 21, defines who is considered a "public servant" under the law. Here's a breakdown in simpler terms:

Who is a Public Servant?

Anyone who falls under ANY of the following categories is considered a public servant:

• Military, Naval, or Air Force Officers: While serving under the federal or provincial government.
• Judges and Court Officers: This includes judges, and any officer in a court who investigates, reports on legal matters, handles documents or property, executes court orders, administers oaths, translates, or maintains order in court. It also includes people specifically authorized by the court to do these tasks.
• Jury members, assessors, and panchayat members: These individuals assist courts or public servants in legal matters.
• Arbitrators: People appointed by a court or other authority to settle disputes and make decisions.
• People with authority to imprison: This includes anyone who can legally hold someone in confinement.
• Government officers with specific duties: This includes:
  • Preventing and reporting crimes.
  • Bringing offenders to justice.
  • Protecting public health, safety, and convenience.
• Government officers handling public property or finances: This includes:
  • Managing government money and property.
  • Conducting surveys, assessments, and contracts on behalf of the government.
  • Collecting taxes and revenue.
  • Investigating and reporting on financial matters related to the government.
  • Preventing violations of laws protecting government finances.
• Local government officers: This includes anyone who:
  • Manages property, taxes, or assessments for a village, town, or district.
  • Maintains records that show the rights of people in a specific area.
• Election officials: This includes anyone who:
  • Prepares, publishes, maintains, or revises voter lists.
  • Conducts elections or parts of elections.

Important points:

• Even if someone is not directly appointed by the government, they can still be considered a public servant if they fulfill one of the roles listed above.
• Being in a position doesn't automatically make you a public servant. You must be actually performing the duties associated with the role.
• This definition applies specifically to the Pakistan Penal Code and might not be the same in other contexts.