Who Is a Public Servant Under the Prevention of Corruption Act?

The Prevention of Corruption Act uses a broad functional definition of “public servant”. Coverage is not limited to permanent government employees or persons appointed through ordinary civil-service rules.

Functional categories

Section 2(c) includes numerous categories connected with public duty, courts, local authorities, government-controlled or aided bodies, universities and other specified institutions. The definition must be applied clause by clause to the person’s office and functions.

Public duty

Section 2(b) defines public duty as a duty in whose discharge the State, public or community at large has an interest. Funding, control, statutory creation and the nature of responsibilities may be relevant, but no single label answers every case.

Banks and other institutions

Supreme Court decisions have treated the definition as intentionally wider than conventional government service. Coverage of an officer in a bank, cooperative, aided institution or public body depends on the governing clause and facts at the relevant time.

Why classification matters

Public-servant status affects the substantive offence, investigative authority and sanction. A prosecution should identify the precise statutory clause, appointment or employment material and public function. A charge cannot be supported by stating only that the accused handled work affecting the public.

Amendment timing also matters. The applicable definition and offence text are those governing the alleged conduct, subject to repeal and savings.

Sources

Prevention of Corruption Act, 1988, Section 2: https://www.indiacode.nic.in/bitstream/123456789/1558/1/aA1988-49.pdf

Supreme Court of India judgments portal: https://www.sci.gov.in/judgements-judgement-date/

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