Legal Question in Criminal Law in India

Public Servant

I am working with a chamber of commerce like organisation with no governmental financial stake. I have been booked under Prevention of Corruption Act by Central Bureau of Investigation of India.They consider me as a Public Servant on pretext of performing public duty.though my organisation says that it is not a govt organisation or company with govt share holding. Hence not a public authority. Kindly explain whether CBI is right in considering me a public servant.


Asked on 8/31/08, 7:55 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Public Servant

Are you working on deputation in the organization? Whether your organization was created by a Statute having status of a Govt?

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Answered on 9/01/08, 1:43 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Public Servant

depends on weather you fall under defination of Public Servant

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Answered on 9/02/08, 11:12 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Public Servant

The term "Public Servant" has been defined in the amended PCA. Prior to amendment, the definition of "Public Servant" as given in IPC was applicable.

Therefore, the CBI may probably be right. The facts of the transaction in which you have been allegedly found involved are to be seen in the light of definition given in PCA. A proper opinion can be given only after perusing the FIR / RC registered by CBI.

If you not found a 'public servant' within the definition of PCA and as per your charter of duty as also the nature of transaction, you will need to move the High Court of your area seeking quashing of the FIR u/s 482 Cr. P. C. read with Articles 226/227 of the Constitution of India.

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Answered on 8/31/08, 8:12 am


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