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Elango (retd)     27 February 2020

Public servant

is notary public a 'public servant' as defined in ipc? any citations?


 4 Replies

Real Soul.... (LEGAL)     27 February 2020

Can you please provide definition under IPC defining a Notary public as Public servant?

Hemant Agarwal ( Mumbai : 9820174108)     27 February 2020

Originally posted by : Elango
is notary public a 'public servant' as defined in ipc? any citations?


1. A Notary appointed under the Notaries Act,  1952, is a deemed Public Servant under the parameters of section 21 (IPC) and further r/w 297 (Cr.P.C.)

Keep Smiling .... Hemant Agarwal

Real Soul.... (LEGAL)     27 February 2020


Section 21 in The Indian Penal Code
21. “Public servant”.—The words “public servant” denote a person falling under any of the descripttions hereinafter following; namely:— 23 [***]
(Second) —Every Commissioned Officer in the Military, 24 [Naval or Air] Forces 25 [ 26 [***] of India];
27 [(Third) —Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;]
(Fourth) — Every officer of a Court of Justice 28 [(including a liquidator, receiver or commissioner)] whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties;
(Fifth) — Every juryman, assessor, or member of a panchayat assist­ing a Court of Justice or public servant;
(Sixth) — Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;
(Seventh) —Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(Eighth) — Every officer of 29 [the Government] whose duty it is, as such officer, to prevent offences, to give information of of­fences, to bring offenders to justice, or to protect the public health, safety or convenience;
(Ninth) — Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of 29 [the Govern­ment], or to make any survey, assessment or contract on behalf of 29 [the Government], or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of 29 [the Government], or to make, authenticate or keep any document relating to the pecuniary interests of 29 [the Govern­ment], or to prevent the infraction of any law for the protection of the pecuniary interests of 29 [the Government] 30 [***];
(Tenth) — Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenti­cate or keep any document for the ascertaining of the rights of the people of any village, town or district;
31 [(Eleventh) —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;]
32 [(Twelfth) —Every person—
(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).] Illustration A Municipal Commissioner is a public servant. Explanation 1.—Persons falling under any of the above descrip­tions are public servants, whether appointed by the Government or not. Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. 33 [Explanation 3.—The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election
Section 297(2) in The Code Of Criminal Procedure, 1973
(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 February 2020

Yes is the sole reply to your query.

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