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Offences By Or Relating To Public Servants

The Sections areas 161 to 165 A (both in conniving) have been excluded by Section 31 of the Prevention of Corruption Act, 1988. By The Criminal Law Amendment Act, 2013, new sections 166 An and 166 B have been embedded in Indian Penal Code w.e.f. second April 2013

We don't care for heading off to an administration office or managing a public servant due to their laid back mentality, red-tapism, debasement, organization, and the list goes on. We should know the cures that are accessible to us if a local official hits or affront us. Be that as it may, before knowing the system and cures accessible to an individual against a public servant

Who Is A Public Servant?

Public Servant' has been characterized in the Indian Penal Code and this definition is an exhaustive one.
  • Each Commissioned Officer in the Military, Naval or Air Forces of India
  • Each Judge including any individual engaged by law to release any adjudicatory capacities;
  • Each official of a Court of Justice (counting a liquidator, collector or magistrate);
  • Each juryman, assessor, or individual from a panchayat assist­ing a Court of Justice or local official
  • Each arbitrator or others to whom any reason or matter has been alluded for choice or report by any Court of Justice, or by some other skilled public power;
  • Each individual enabled to keep another in confinement;
  • Each official whose obligation is to forestall offenses, give data of of­fences, deal with wrongdoers, or ensure the general wellbeing, security, or convenience;
  • Each official is enabled to direct elections.[2]

Section 166: Public worker resisting of Disobeying law, to make injury to any individual
Whoever, being a Public servant, purposely ignores or disobeys any instruction of the law concerning how he is to behave as such public servant, expecting to cause, or realizing that it generally will be likely that he will, by such disobedience, cause injury to any individual, will be punished with straightforward detainment for a term which may reach out to one year, or with fine or both.

Classification Of Offence

  • Punishment-Simple Detainment of 1 year, or fine, or both
  • Non-cognizable
  • Bailable-Triable by Magistrate of the First Class
  • Non-compoundable.

Section 166A Public servant disobeying direction under law
Whoever, being a Public Servant:
intentionally resists any course of the law which denies him from requiring the participation at wherever of any individual with the end goal of examination concerning an offense or some other, or

Intentionally defies, to the partiality of any individual, some other course of the law directing how he will lead such examination, or

Neglects to record any data given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, corresponding to cognizable offense culpable under section 326A, section 326B, section 354,354B,370,370A, 376, 376A,376B,376C,376D,376E or section 509,

Will be punished with thorough detainment for a term which will not be under a half year however which may stretch out to two years, and will likewise be obligated to fine

Characterization Of Offence
  • Punishment -Imprisonment for a half year which may reach out to 2 years and fine
  • Cognizable Bailable-Triable by Magistrate of the First Class
     
166B. Punishment for Non-Treatment of Victim
Whoever, being accountable for a Hospital, public or private, regardless of whether run by the Central Government, the State Government, neighborhood bodies, or some other individual, contradicts the arrangements of Section 357C of the Code of Criminal Procedure, 1973 will be Punished with detainment for a term which may reach out to one year or with fine or with both.

Characterization Of Offence
  • Punishment -Detainment for 1 year or fine or both
  • · Non-Cognizable Bailable-Triable by Magistrate of the first class.

167. Local officials surrounding a wrong document with a plan to cause injury.
Whoever, being a Public Servant, and being, as such local official, accused of the readiness or interpretation of any record, outlines or deciphers that document in a way which he knows or accepts to be inaccurate, proposing consequently to cause or realizing that it generally will be likely that he may in this way cause injury to any individual, will be punished with the detainment of either depiction for a term which may stretch out to three years, or with fine, or with both.

Categorization Of Offence
Punishment-Imprisonment for a long time, or fine, or both
  • Cognizable-Bailable-Triable by Magistrate of the first class
  • Non-compoundable.

168. Public Servant unlawfully captivating in exchange.
Whoever, being a Public Servant, and being lawfully bound as such community worker not to participate in the exchange, takes part in the exchange, will be punished with basic detainment for a term which may extend out to one year, or with fine, or with both.

Categorization Of Offence
Punishment-Simple detainment for 1 year, or fine, or both-non-cognizable-Bailable-Triable by Magistrate of the first class
  • Non-compoundable.
169. Public Servant unlawfully engaging in trading
Whoever, being a public servant, and being legitimately bound as such local official, not to buy or offer for certain property, buys or offers for that property, either in his name or for the sake of another, or mutually, or in shares with others, will be punished with basic detainment for a term which may reach out to two years, or with fine, or with both; and the property, whenever bought, will be seized.

Categorization Of Offence
Punishment -Simple detainment for a long time, or fine, or both and appropriation of property, whenever bought-Non-cognizable-Bailable-Triable by Magistrate of the first class -Non-compoundable.

170. Personating a Public Servant.
Whoever proclaims to hold an office as a Public Servant, realizing that he doesn't hold such office or erroneously personates some other individual holding such office, and in such expected character does or endeavors to do any demonstration under the shade of such office, will be punished with the detainment of either portrayal for a term which may reach out to 2 years or with fine, or with both.

Characterization Of Offence
Punishment -Imprisonment for a long time, or fine, or both-Cognizable-Non-bailable-Triable by any Magistrate-Non-Compoundable.

171. Wearing garb or conveying token utilized by public servants with the fraudulent aim.
Whoever, not having a place with a specific class of Public Servant, wears any attire or conveys any token taking after any clothing or token utilized by that class of public servant, with the goal that it might be accepted, or with the information that it is probably going to be accepted, that he has a place with that class of public servant, will be punished with the detainment of either portrayal for a term which may reach out to a quarter of a year, or with fine which may stretch out to 200 rupees, or with both.

Categorization Of Offence
Punishment-Imprisonment for 3 months, or fine of 200 rupees, or both-Cognizable-Bailable-Triable by any Magistrate-Non-compoundable.

Section 197 Of Criminal Procedure Code 1973

Under Section 197 of the Criminal Procedure Code (Cr.PC), no court should take cognizance of criminal allegations against a Public Servant except if past assent to indict him is gotten from a capable power. This shield is intended to help public servant play out their obligations genuinely unafraid of the malignant indictment. Be that as it may, the arrangement has generally become a stratagem to defer prosecution in cases of corruption.

Landmark Cases
  • In State of Gujarat v. Mahesh Kumar Dhirajial Thakkar [3]the respondent had gone into a concurrence with the Railway Administration not to lock in in exchange, business or profession, however for the sole motivation behind getting preparing, so that on the finish of the preparation, he could be utilized by the Railway Administration. The simple truth that he was paid an allowance during the preparation time frame, as a student, didn't make him a representative of the Railway Administration.

    Undoubtedly, C. 17 of the arrangement scheduled in clear terms that the Railway Administration didn't tie itself to utilize him on the consummation of the preparation. It was held that the demonstration of the blamed respondent didn't add up to participating in the exchange. Regardless of whether the more extensive understanding was to be put on "trade" in Sec. 168, Indian Penal Code, the commitment of the respondent as an understudy learner would not bring him inside.
     
  • Veli Bhai Marji v. State [4]:
    For a situation falling under Sec. 161 of the Penal Code or under Sec. 5 (1) (d) of the Prevention of Corruption Act, an offense hereunder is finished when an illicit gratification is acknowledged by an accused individual.

     
  • The Court saw that S. 197 CrPC unmistakably demonstrates that the arrangement is compulsorily material to every one of those people who is or was a local official at the hour of the commission of the offense and alluded to State of Orissa v. Ganesh Chandra Jew.[5]
     
  • The Court inferred that the whole indictment started by the State is terrible in law by the resistance of the obligatory prerequisite under Section 197 CrPC was awful in law expressing that letting the solicitor go through the injury of preliminary now would be an unnatural birth cycle of equity and maltreatment of cycle of law. As needs are, the request was permitted and the procedures against specialist subdued. [Dr. R.K. Gupta v. State of Chhattisgarh[6], 2017 SCC OnLine Chh 198, settled on 15.02.2017]
     
End-Notes:
  1. Indian Penal Code 1860 ACT NO. 45 OF 1860
  2. State of Gujarat v. Mahesh Kumar Dhirajial Thakkar A.I.R. 1980 S.C. 1167.
  3. Veli Bhai Marji v. State, A.I.R. 1963 Guj. 145 at p. 146..
  4. State of Orissa v. Ganesh Chandra Jew, (2004) 8 SCC 40.
  5. Dr. R.K. Gupta v. the State of Chhattisgarh, 2017 SCC OnLine Chh 198.
Written By Gaurav Purohit - BBA LLB 5th Semester

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