Public Servants
'public servant', 'statutory corporation' or 'body corporate'
The term 'body corporate' as used in section 2(b) of the Act means corporations other than 'statutory corporations'. The Managing Director of a Company registered under the Companies Act is, therefore, a public servant within the meaning of section 2(b) of the Criminal Law Amendment Act, 1958. Khorshed Alam Vs. Azizur Rahman and another, 15 BLD (HCD) 639
Public Servants shall mean
and include only those persons who serve as public servants at the tise of
commission of the offence and remain so when cognizance is taken.
Since the petitioners were
not public servants at the time of commission of the alleged offence, sanction
of the Government for prosecuting them is not required-Criminal Law Amendment
Act, 1958 (XL of 1958), Section-6(5)
Mohor Ranjan Pal and others
Vs. The State, 18BLD (HCD)86
Ref: 49 DLR(AD)(1997)51; 19
DLR(SC) 33; 17DLR(SC)26;29DLR(1977)219 Cited Public servant
Clause 12 of section 21 of the Penal Code provides that every person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of public duty is a public servant.
Public duty is one which is
created and conferred by law by which an individual is vested with some portion
of the sovereign function of the Government to be exercised by him for the performance
of the duty for the term and tenure prescribed by law. There is no such law in
the instant case and as such the petitioner cannot be said to perform public
duty and called a public servant.
