Section 21 in The Jammu and Kashmir State Ranbir Penal Code, 1989
21. Public Servant.
- The words "public servant" denote a person falling under any of the descriptions hereinafter following, namelyFirst. - Every Civil servant of [the State] [Substituted by Act X of 2010 for 'His highness'.];[Second. - Every Commissioned Officer in the military, naval or air force of India; [Substituted by Act III of 1967.]Third. - Every Judge including any person empowered by law to discharge, whether by himself or as a member of anybody of persons, any adjudicatory functions;]Fourth. - Every officer of a Court of justice [(including a liquidator, receiver or commissioner)] [Inserted by Act III of 1967.] 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 authorised by a Court of Justice to perform any of such duties;Fifth. - Every juryman, assessor or member of a panchayat assisting a Court of Justice or public servant;Sixth. - 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;["Sixteenth. - Every officer or servant including medical or paramedical staff of the Sher-i-Kashmir Institute of Medical Sciences, Srinagar."] [Substituted by Act X of Svt. 2010. (section 2).]Seventh. - Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;Eighth. - Every officer of 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;Ninth. - Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of [the Government] [Substituted by Act X of Svt. 2010. (section 2).] or to make any survey, assessment or contract on behalf of [the Government] [Substituted by Act X of Svt. 2010. (section 2).] or to execute any revenue-process, or to investigate or to report on any matter affecting the pecuniary interests of [the Government] [Substituted by Act X of Svt. 2010. (section 2).] or to make, authenticate or keep any document relating to the pecuniary interests of [the Government] [Substituted by Act X of Svt. 2010. (section 2).], or to prevent the infraction of any law for the protection of the pecuniary interests of [the Government] [Substituted by Act X of Svt. 2010. (section 2).], and every officer in the service or pay of [the Government] [Substituted by Act X of Svt. 2010. (section 2).], or remunerated by fees or commission for the performance of any public duty;Tenth. - 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;[Eleventh. [Clause eleventh substituted by Act III of 1967.] - Every servant under the Government of India who is posted, and when he is performing his legitimate duties, within the State;]Twelfth. - Every servant of the Department of Devasthan;Thirteenth. - 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;[Fourteenth. [Substituted for clause fourteenth by Act XXXI of 1963.] - Every officer or servant employed by a Municipal Committee, Town Area Committee, Notified Area Committee, Panchayat, Co-operative Society or Co-operative Bank whether for the whole or part of his time, and every member of such committee, society or bank;Fifteenth. - Every officer or servant, and every member (by whatever name called) of a corporation engaged in trade or industry or of any other autonomous body which is established by an Act of the State Legislature or of a Government company as defined in any law for the time being in force in the State.][Sixteenth. [Substituted by Act XXVI of 2002.] - Every officer or servant including medical or paramedical staff of the Sher-i-Kashmir Institute of Medical Sciences Srinagar."]Explanation 1. - Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.Explanation 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.Explanation 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.[Explanation 4. [Inserted by Act III of 1967.] - The expression 'Corporation engaged in any trade or industry includes a banking, insurance or financial corporation.]
