Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code-Sec. 21 Kerala Criminal Law Amendment Act 1962 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1947 (2 of 1947) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code-Sec. 21-Public Servant-Kerala Criminal Law Amendment Act, 1962-Secs. 2, 3-Prevention of Corruption Act, 1947 - Sec. 5- Effect of enlargement of definition of a public servant by Kerala amendment. The appellants in the above appeal were tried and convicted in respect of the offences inter-alia under section 408, 465, 477 and 477A of the Indian Penal Code, 1860 read with s. 5 of the Prevention of Corruption Act, 1947 by a special judge. Both the appellants were members of a registered co-operative society. The conviction of the appellants, was confirmed by the High Court. Sec. 21 of the Indian Penal Code defines a public servant "Members of the Executive Committee or servants of a cooperative society are not embraced by the categories mentioned in sec. 21" Chapter 9 of the Penal Code deals with offences by or relating to public servant. Sec. 2 of the Prevention of Corruption Act, 1947 adopts definition of public servant from Sec. 21 of the Penal Code. By the 1952 amendment of the Criminal Procedure Code the provisions of appointment of a Special Judge to try the offences have been provided. The said 1955 amendment adds certain more offences which are to be tried by a special judge. The Kerala Criminal Law Amendment Act, 1962 amended Sec. 161 of the Penal Code by adding an explanation thereto. It provides that for the purpose of the said section and certain other sections a public servant shall denote, besides those who are public servants within the meaning of that section, members of the Board of Directors or the Executive or Managing Committee and other officer or servant of a Co-operative Society registered or deemed to be registered under the law relating to co-operative societies for the "time being in force. Sec. 3 of the Kerala Act provides that for the purpose of the Preventive of Corruption Act, 1947, public servant shall have the meaning assigned to it under the explanation to sec. 161 of the Indian Penal Code as amended by the Kerala Criminal Iaw Amendment Act, 1962. (1) The appellants contended that sec. 2 of the Kerala Act brought members of the executive committee or the servants of a registered co-operative society within the ambit of the expression "public servant" only for the purpose of Sections 161 to 165A of the Penal Code and for no other purpose. Therefore, the use of the enlarged definition cannot be made for the purpose of 1947 Act. (2) If the intention of the legislature was to enlarge the definition for all purposes, whatever, it would have amended section 21 of the Indian Penal Code itself. |
Judge | Hon'ble Mr. Justice A.D. Koshal |
Neutral Citation | 1978 INSC 176 |
Petitioner | M. A. Kochu Devassy Etc. |
Respondent | State Of Kerala |
SCR | [1979] 1 S.C.R. 797 |
Judgement Date | 1978-09-15 |
Case Number | 178 and 248 |
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