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    Sunday 19 November 2017

    Public Servant under Pakistan Penal Code

    1. Introduction
    In Pakistan Penal Code, there are specific provisions, whcih are about bribary and corrupation among public servants. Through these provisions, various offences, which can be committed by public servants in respect of bribary and corruption, have been described and punishments for commission of such offences have also been provided.

    2. Definition of Public Servant
    According to Pakistan Penal code, following persons are considered public servant.
    i. Commissioned officer
    ii. Judge
    iii. Officer of a court of Justice
    iv. Juryman, assessor or member of a panchayat
    v. Arbitrator or other person to whom any cause or matter has been referred
    vi. Person, who holds any office to keep any person in confinement
    vii. Officer of government
    viii. Various officers
    ix. Person who holds any office to prepare, publish, maintain or revise an electoral rool or to conduct an election or part of an election

    (i) Commissioned Officer
    Every Commissioned Officer in Military, Naval or Air Forces of Pakistan while serving under the Federal Government or any Provincial Government is public officer.

    (ii) Judge
    Every Judge is public Servant.

    (iii) Officer of a Court of Justice
    Every officer of a Court of Justice, who performs either of following duties, is public servant
    a. Investigation
    b. Report
    c. Making, authenticating or keeping of any document
    d. Taking charge or disposing of any property
    e. Execution of any judicial process
    f. Administration of any oath
    g. Interpretation
    h. Preservation of order in court
    i. Authority from Court of Justice

    (iv) Juryman, Assessor or Member of a Court
    Every juryman, assessor or member of a panchayat, who assists a Court of Justice or public servant, is public servant.

    (v) Arbitrator or Other Person to whom any cause or Matter has been Referred
    Every arbitrator or other person, to whom any cause or matter has been referred by any court of justice or by any other competent public authority for decision or report, is public servant.

    (vi) Person who holds any office to keep any Person in confinement
    Every person, who holds any office by virtue of which he is empowered to place or keep any person in confinement, is public servant.

    (vii) Officer of Government
    Every officer of government, who performs either of following duties, is considered public officer;
    a. Prevention of offences
    Every officer of government, whose duty is to prevent offences, is public servant.

    b. Information of offences
    Every officer of government, whose duty is to give information of offences, is public servant.

    c. Bringing of Offenders to justice
    Every officer of government, whose duty is to bring offenders to justice, is public servant.

    d. Protection of Public Health, Safety or Convenience
    Every officer of government, whose duty is to protect public health, safety or convenience, is public servant.

    (viii) Various Officers
    Following officers are considered public servants
    a. Taking, receiving, keeping or expending of any property on behalf of government.
    b. Making of any survey or assessment or contract on behalf of government
    c. Execution of any revenue-process
    d. Investigation or reporting of matter
    e. Making, authenticating or keeping any document
    f. Prevention of infraction of any law
    g. Taking, receiving, keeping or expending of any property for any secular common purpose of any village, town or district
    h. Making of any survey or assessment for any secular common purpose of any village, town or District
    i. Levying of any rate or tax for any secular common purpose of any village, town or district
    j. Making, authenticating or keeping any document for ascertaining of rights of people of any village, town or district.

    (ix) Person who holds any office to prepare, Publish, Maintain or revise an Electoral Roll or to conduct an election or Part of an Election

    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 , is public servant.

    3. Punishment against taking of gratification in respect of an official act
    A public servant, who is guilty taking gratification in respect of any official act, should be punished with imprisonment, which can extend to three years or with fine or with both.

    4. Conclusion

    To conclude, it can be stated that it has been explained in Pakistan Penal Code that persons, who fall any of description of public servant, are public servants whether they are appointed by government or not.
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