IPC Section 21 vs BNS Section 21 – Definition of Public Servant
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 21
Definition of “Public Servant”
About IPC Section
Section 21 of the Indian Penal Code (IPC), 1860, provides the legal definition of a “Public Servant.” It extends to various categories of individuals who hold positions of authority or responsibility under the government. According to this section, judges, officers of the armed forces, police officials, government employees, and anyone entrusted with public duties are considered public servants.
The purpose of this section is to bring accountability to those who exercise power on behalf of the state. By establishing a broad and inclusive definition, IPC 21 prevents misuse of office and ensures that individuals in positions of public trust cannot escape liability by exploiting gaps in the law.
This provision is particularly significant in cases involving bribery, corruption, misconduct, and abuse of power. It creates a foundation for other penal provisions that deal with offenses by or against public servants. By explicitly defining who qualifies as a public servant, IPC 21 reinforces the principle that public offices must serve the people with integrity and transparency. Thus, Section 21 has played a central role in strengthening governance and curbing corruption since the colonial era, making it a cornerstone provision in criminal law.
Section: BNS 21
Definition of “Public Servant” (Updated)
About BNS Section
Section 21 of the Bharatiya Nyaya Sanhita (BNS), 2023, continues to define the term “Public Servant,” much like IPC 21, but with clearer and updated language. The essence of the provision remains the same—covering individuals who hold public duties, judicial authority, or administrative responsibilities on behalf of the state.
Under BNS 21, judges, government officials, armed forces personnel, police officers, and individuals performing functions authorized by the government are categorized as public servants. The updated version avoids outdated colonial expressions, thereby making the definition more relevant to contemporary governance structures.
The provision plays a critical role in maintaining accountability and integrity in public administration. It ensures that those who misuse their official position for personal gain can be held liable under the law. By retaining the spirit of IPC 21 while modernizing its terminology, BNS 21 provides greater clarity and facilitates smoother application in present-day contexts.
This continuity signifies that while India’s criminal laws have undergone structural reforms, the principles of accountability and public trust remain central. BNS 21 thus reinforces transparency and integrity in governance, ensuring that the law adapts to modern realities without losing its foundational purpose.