SECTION 21: "PUBLIC SERVANT“

The words "Public servant" denote a person

falling under any of the descriptions hereinafter
following, namely:--
Second--Every Commissioned Officer in the
Military, Naval or Air Forces of India;
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;
Cont…
 SECTION 21: "PUBLIC SERVANT“

Fourth--Every officer of a Court of Justice (including a

liquidator, receiver or Commissioner) whose duty 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
a administrator 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;
Cont…
 SECTION 21: "PUBLIC SERVANT“
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 the Government, whose duty it is, as such
officer, to prevent offences, to give information of offences, to being
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 the Government, or to make
any survey, assessment or contract on behalf of the Government, or to
execute any revenue process, or to investigate, or to report, on any matter
affecting the pecuniary interests of the Government, or to make,
authenticate or keep any document relating to the pecuniary interests of
the Government, or to prevent the infraction of any law of the protection
of the pecuniary interests of the Government,

Cont….
 SECTION 21: "PUBLIC SERVANT“
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;
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;
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.
Cont….
 SECTION 21: "PUBLIC SERVANT“

Explanation 1: Persons falling under any of the above

descriptions are public servants, whether appointed by the
Government or not.
Explanation 2 : Whatever the words "public servant" occur,
they shall be understood of every person who is in actual
possession of the situation, or public servant, whether legal
defect there may be in his right to hold that situation.
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 22: "MOVABLE PROPERTY“

The words "movable property" are intended

to include corporeal property of every
description, except land and things attached
to the earth or permanently fastened to
anything which is attached to the earth.
 SECTION 23: "WRONGFUL GAIN"/"WRONGFUL
LOSS"

"Wrongful gain" is the gain by unlawful means of

property to which the person losing gaining is not legally
entitled.
"Wrongful loss" is the loss by unlawful means of property
to which the person losing it is legally entitled.
Gaining wrongfully/losing wrongfully--A person is said to
gain wrongfully when such person retains wrongfully, as
well as when such person acquires wrongfully. A person
is said to lose wrongfully when such person is wrongfully
kept out of any property, as well as when such person is
wrongfully deprived of property.
 SECTION 24: "DISHONESTLY"
Whoever does anything with the
intention of causing wrongful gain to
one person or wrongful loss to
another person, is said to be that
thing "dishonestly".
SECTION 25: "FRAUDULENTLY"

A person is said to do a thing

fraudulently if he does that thing
with intent to defraud but not
otherwise.
 SECTION 26: "REASON TO
BELIEVE"

A person is said to have "reason to

believe" a thing, if he has sufficient
cause to believe that thing but not
otherwise.
 SECTION 28: "COUNTERFEIT"

A person is said to "counterfeit" who causes one thing to resemble

another thing, intending by means of that resemblance to practise
deception, or knowing it to be likely that deception will thereby be
practised.
Explanation 1 : It is not essential to counterfeiting that the imitation
should be exact.
Explanation 2 : When a person causes one thing to resemble
another thing, and the resemblance is such that a person might be
deceived thereby, it shall be presumed, until the contrary is
proved, that the person so causing the one thing to resemble the
other thing intended by means of that resemblance to practice
deception or knew it to be likely that deception would thereby be
practised.
 SECTION 29: "DOCUMENT"
The word "document" denotes any matter expressed or described
upon any substance by means of letters, figures or marks, or by
more than one of those means, intended to be used or which may
be used, as evidence of that matter.
Explanation 1 : It is immaterial by what means or upon what
substance the letters, figures or marks are formed, or whether the
evidence is intended for, or may be used in, a Court of Justice, or
not.
Illustrations
A writing expressing the terms of a contract, which may be used
as evidence of the contract is a document.
A cheque upon a banker is a document.
A power of attorney is a document.
A map or plan which is intended to be used or which may be used
as evidence, is a document.
A writing containing directions or instructions is a document.
CONT…
 SECTION 29: "DOCUMENT"

Explanation 2 : Whatever is expressed by means of letters, figures

or marks as explained by mercantile or other usage, shall be
deemed to be expressed by such letters, figures or marks within
the meaning of this section, although the same may not be
actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his
order. The meaning of the endorsement, as explained by
mercantile usage, is that the bill is to be paid to the holder. The
endorsement is a document, and must be construed in the same
manner as if the words "pay to the holder" or words to that effect
had been written over the signature.
 SECTION 29A: ELECTRONIC
RECORD

The words "electronic record" shall

have the meaning assigned to them in
clause (s) of sub-section (1) of section
2 of the Information Technology Act,
2000.
 SECTION 30: "VALUABLE SECURITY"

The words "valuable security" denote a document which

is, or purports to be , a document whereby any legal
right is created, extended, transferred, restricted,
extinguished or released, or whereby any person
acknowledges that he lies under legal liability, or has not
a certain legal right.
Illustration:
A writes his name on the back of a bill of exchange. As
the effect of his endorsement is to transfer the right to
the bill to any person who may become to the lawful
holder of it, the endorsement is a "valuable security".