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  • Writer's pictureShubham Mishra

Section 427 of Companies Act, 2013: President, Members, officers, etc., to be public servants

Updated: Oct 17, 2022

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Provisions as per Act

The President, Members, officers, and other employees of the Tribunal, as well as the Chairperson, Members, officers, and other Appellate Tribunal employees, are deemed public servants under Section 21 of the Indian Penal Code (45 of 1860).

Who is a Public Servant?

The Indian Penal Code has defined "Public servant" separately because public servants are specifically mentioned in certain sections of the Code. Such references were made, for example, in sections 161 to 165-A of the Code regarding receiving gratification from them. In addition to these, the Code contains other references to public servants. Section 31 of the Prevention of Corruption Act, 1988, now expressly states that sections 161 to 165-A of the Indian Penal Code, both inclusive, shall be omitted, and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply to such omission as if a Central Act had repealed the said sections.

Thus, section 21 describes who all are public servants:

The first was repulsed by adaptation and commands in 1950;

The second refers to every commissioned officer in India's military, navy, or air force.

Third, it refers to any judge or other legal authority that has the authority to relieve someone of their responsibilities.

Fourth, any individual appointed by a court of justice who commands or commissions any conduct necessary to maintain law and order in the court or who carries out any judicial process will be considered a public worker.

Fifth, any member supporting the panchayat raj, any justice court officer, or any other public servant will be considered a public servant.

Sixth, any arbitrator or other person to whom a subject has been referred for further investigation or resolution or to whom any report has been requested by any other competent public body.

Seventh, anyone who is empowered by law to keep a location or hold a person in confinement; for example, a jailor who is keeping a prisoner in custody, or anyone who is empowered to carry out any such power and that power emanates from the government, will fall under this section's jurisdiction.

Eighth, any government official with authority to prevent crimes, apprehend wrongdoers, conduct investigations, or safeguard public health, safety, or convenience will be subject to this law.

For example, A police officer, a traffic cop, or a CBI agent are empowered by the government to protect the public and maintain law and order.

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