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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