In the Indian Penal Code (IPC), the terms "Servant of Government" and "Public servant" are distinct but related concepts, and they are defined in different sections of the code. Here's the difference between these two terms

Difference between "Servant of Government" and "Public servant" in IPC-1860

Section 14 of Indian Penal Code-1860

Definition of "Servant of Government" in IPC:

The definition of "Servant of Government" is provided in Section 14 of the IPC. According to this section:

"The words 'servant of Government' denote any officer or servant continued, appointed, or employed in India by or under the authority of Government."

Key Elements of Section 14 of IPC:

Scope of the Term:  

The term "Servant of Government" encompasses a wide range of individuals who work for the government, including officers and servants.

Continued, Appointed, or Employed: 

"Servant of Government" includes individuals who have a continued, appointed, or employed status. This means that the term covers government employees who are already in service, those who have been appointed, and those who are currently employed.

Location: 

This term specifically applies to individuals working in India.

Read more: Chapter 1 of IPC( Sec 1 to 5)

Section 21 of Indian Penal Code-1860

Definition of "Public Servant" in IPC:

The definition of "Public servant" is provided in Section 21 of the IPC. According to this section, "Public servant" denotes a person who falls under any of the descriptions outlined below:

1. Members of [Naval or Air] Forces of India: 

This category includes members of the naval or air forces of India.

2.Judges: 

This includes every judge, including any person empowered by law to discharge adjudicatory functions.

3.Officers of a Court of Justice: 

It covers every officer of a court of justice, including a liquidator, receiver, or commissioner, whose duty involves investigating or reporting on matters of law or fact, making, authenticating, or preserving documents, taking charge of property, executing judicial processes, administering oaths, interpreting, or maintaining order in the court. It also includes persons authorized by a court of justice to perform these duties.

4.Jury, Assessor, or Member of a Panchayat: 

This encompasses every juryman, assessor, or member of a panchayat who assists a court of justice or a public servant.

5.Arbitrators and Decision Makers: 

This includes arbitrators and other individuals to whom any cause or matter has been referred for decision or report by a court of justice or any competent public authority.

6.Officers Empowered to Detain: 

Every person holding an office that empowers them to place or keep any person in confinement is considered a public servant.

7.Government Officers for Various Purposes:

It covers officers of the government who have various duties, including preventing offenses, giving information of offenses, bringing offenders to justice, or protecting public health, safety, or convenience. It also includes officers responsible for revenue-related matters and other pecuniary interests of the government.

8.Officers for Secular Common Purposes: 

Officers whose duty involves taking, receiving, keeping, or expending any property for secular common purposes of any village, town, or district, and those who make, authenticate, or keep documents related to the rights of the people of any village, town, or district, are also considered public servants.

9. Electoral Officers: 

Persons holding offices empowered to prepare, publish, maintain, or revise an electoral roll, conduct an election, or be part of an election fall under this category.

10.Persons in the Service or Pay of the Government: 

Individuals who are in the service or pay of the government or are remunerated by fees or commissions for performing public duties on behalf of the government are considered public servants. This includes individuals 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.

Illustration of "Public Servant" 

A Municipal Commissioner is a public servant.

 Explanation of "Public Servant" in IPC:

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.

Read more : Chapter 2 of IPC-1860

Key differences between "Servant of Government" and "Public servant" in the Indian Penal Code (IPC) in tabular form

Aspect	Servant of Government	Public Servant
Definition	Defined in Section 14  of the IPC	Defined in Section 21 of the IPC
Scope	Includes individuals directly employed by the government, such as government employees, officers, or officials.	Encompasses a broader range of individuals who hold public office, perform public functions, or exercise public authority. This includes government employees, elected officials, judges, and others who carry out public functions.
Government Employees	Focuses primarily on individuals working within the government's official framework.	Includes government employees but also extends to non-government officials who perform public duties.
Official Duties	Acts committed by "Servants of Government" in the discharge of their official duties may be subject to different legal standards and considerations.	Acts committed by "Public servants" in the discharge of their official duties are subject to specific legal provisions and safeguards.
Subcategory	A subset of "Public servants."	A broader category that encompasses "Servants of Government" as a subset.
Examples	Government employees, officials, and officers directly employed by government departments.	Elected officials, judges, magistrates, police officers, and other individuals holding public office or performing public functions.

In summary, the key distinction between "Servant of Government" and "Public servant" lies in their scope and the range of individuals they cover. "Servant of Government" is a subset of "Public servants" and primarily refers to government employees, while "Public servant" includes a broader range of individuals holding public office or performing public functions. Both terms are important in understanding the legal framework governing the conduct of individuals in public roles, and their definitions have specific legal implications in the IPC.

Read more : What is State

MCQs on Difference between "Servant of Government" and "Public servant" in IPC-1860

Here are 10 multiple-choice questions (MCQs) to test your understanding of "Servant of Government" and "Public Servant" in the Indian Penal Code (IPC):

1. What is the key distinction between "Servant of Government" and "Public Servant" in the IPC?

a. "Servant of Government" includes government employees, while "Public Servant" includes elected officials.

b. "Servant of Government" includes those appointed by the government, while "Public Servant" includes government employees.

c. "Servant of Government" and "Public Servant" are identical terms.

d. "Servant of Government" only includes judges, while "Public Servant" covers all other public officials.

2. According to the IPC, where does the term "Servant of Government" specifically apply?

a. To individuals working in any country

b. To individuals working under the authority of the government

c. To individuals employed in the private sector

d. To individuals working in the defense forces

3. "Public Servant" in the IPC includes individuals who:

a. Are in the service of the government but not remunerated.

b. Hold public office, perform public functions, and exercise public authority.

c. Are elected officials but not judges.

d. Are not responsible for revenue-related matters.

4. Which category falls under "Public Servant" but not "Servant of Government" in the IPC?

a. Government employees

b. Officers empowered to detain individuals

c. Elected officials.

d. Persons in the service of a local authority

5. "Servant of Government" and "Public Servant" both relate to individuals who perform official duties under the authority of the government. What sets them apart is their:

a. Legal responsibilities

b. Location of employment

c. Classification within the IPC

d. Mode of remuneration

6. In the IPC, who is considered a "Public Servant" under the category of "Officers Empowered to Prevent Offenses"?

a. Judges

b. Government employees

c. Police officers

d. Liquidators, receivers, and commissioners

7. "Servant of Government" primarily focuses on individuals who:

a. Execute judicial processes.

b. Work in a public health capacity.

c. Are involved in electoral matters.

d. Serve under the government's official framework.

8. What do "Servant of Government" and "Public Servant" have in common in the IPC?

a. Both terms include elected officials.

b. Both terms are used interchangeably.

c. Both terms encompass individuals performing public duties.

d. Both terms specifically apply to individuals outside India.

9. According to the IPC, "Public Servant" includes individuals who:

a. Do not have the legal right to hold their situation.

b. Hold no official position but assist courts.

c. Are excluded from the electoral process.

d. Only include judges and elected officials.

10. What is the key purpose of defining "Public Servant" in the IPC?

a. To emphasize the legal rights of government employees.

b. To provide a comprehensive list of government officers.

c. To set specific legal standards for individuals holding public office.

d. To exclude judges from legal protections.

Answers-key| MCQs on Difference between "Servant of Government" and "Public servant" in IPC-1860

1. b

2. b

3. b

4. c

5. c

6. c

7. d

8. c

9. a

10. c