Offences Committed by Public Servants Under IPC: A Detailed Explanation
Public servants hold positions of trust and responsibility. The effective functioning of government machinery depends heavily on their integrity, fairness, transparency, and accountability. However, when public servants misuse their authority, engage in corrupt practices, or abuse the powers they are entrusted with, the very core of governance is shaken. In India, the Indian Penal Code (IPC) lays down several provisions to punish such misconduct. These offences ensure that public servants remain answerable to the law and that their actions do not harm the public interest. This article provides a comprehensive, SEO-friendly, humanized explanation of the various offences committed by public servants under the IPC.
Meaning of Public Servant Under the IPC
Before discussing the offences, it is essential to understand who qualifies as a public servant. Under Section 21 of the IPC, a public servant includes every individual who is part of the government machinery, such as judges, police officers, government employees, public health officials, revenue officials, military officers, and anyone who performs public duties or exercises public authority. The definition is broad enough to cover those who are temporarily assigned public duties, contractual government workers, and employees of government-controlled corporations.
Public servants are expected to uphold the highest standards of honesty and are bound by law to protect public interest. When they violate these obligations, their misconduct becomes an offence under the IPC. These offences can range from taking bribes, issuing false certificates, illegally detaining individuals, tampering with public records, or acting negligently in the discharge of their duties.
Major Offences by Public Servants Under the IPC
The IPC outlines a detailed list of crimes that may be committed by public servants, ensuring that they are held accountable for both acts of commission and omission. Some of the key offences are explained below:
Public Servant Taking Illegal Gratification – Section 161 (Now in Prevention of Corruption Act)
Historically, Section 161 IPC dealt with public servants accepting illegal gratification (bribes) in exchange for using their official influence. Although these provisions were later incorporated into the Prevention of Corruption Act, 1988, the moral principle remains the same: a public servant must not accept any reward other than lawful remuneration.
Public Servant Taking a Gratification to Influence a Public Servant – Section 162
Under this provision, a public servant who accepts gratification in order to improperly influence another public servant is punishable. This includes bribes given to secure transfers, promotions, or irregular approvals. It aims to curb internal corruption within government departments.
Public Servant Taking a Gratification to Exercise Personal Influence – Section 163
If a public servant accepts illegal gratification to use personal influence on any public officer, whether or not such influence actually exists, it amounts to an offence. This prevents misuse of personal contacts in public administration.
Public Servant Dishonestly Obtaining Valuable Things – Section 165
Section 165 punishes public servants who accept valuable items or financial advantages without lawful compensation. The offence focuses on “undeserved benefits” received by a public servant merely because of his position.
Intentional Omission of Duty by a Public Servant – Sections 166 & 217
Under Section 166, a public servant who knowingly disobeys a direction of the law with the intent to cause injury or knowing it is likely to cause injury is liable for punishment.
Similarly, *Section 217 penalizes public servants who save criminals by intentionally omitting or delaying lawful procedures. For example, a police officer intentionally failing to file an FIR to protect a politically powerful accused falls under this category.
Public Servant Framing Incorrect Documents – Section 167
A public servant who frames incorrect documents or records with the intent to cause injury to the public or to any individual can be punished under this section. This includes tampering with official registers, false entries, or distorted records.
Public Servant Engaged in Unlawful Detention – Section 220
Under this provision, a public servant who unlawfully commits or confines an individual, knowing that he has no legal authority to do so, is punishable. This is especially relevant for police officers who illegally detain persons without procedure.
Public Servant Fabricating False Evidence – Sections 193–195
If a public servant creates false evidence, manipulates documents, or provides false statements during official or judicial proceedings, it becomes a severe offence. This undermines justice and is treated with strict penalties.
Public Servant Taking Gift from Person Concerned in Proceedings – Section 165A (Now PCA)
This provision deals with the acceptance of gifts or gratification by a public servant from individuals involved in official proceedings. It is intended to prevent bias and ensure fairness.
Public Servant Making False Certificates – Section 197
Public servants often issue certificates for health, sanitation, property, birth, death, tax, or other official purposes. If a public servant intentionally issues a false certificate, he is liable for punishment under this provision.
Resistance to Lawful Seizure of Property – Section 183
If a public servant unlawfully resists or obstructs the lawful seizure of property, or helps someone avoid such seizure, he can be held liable. Such actions typically occur during recovery or enforcement procedures.
Public Servant Unlawfully Buying or Bidding for Property – Section 169
A public servant is prohibited from purchasing property that he is responsible for selling, seizing, or managing. Doing so constitutes an abuse of official position.
Importance of Penalizing Offences Committed by Public Servants
Punishing offences committed by public servants upholds public confidence in government institutions. Accountability ensures that public powers are not misused for personal benefits. Strict enforcement prevents corruption, protects citizen rights, and strengthens the legal system. By defining specific crimes and punishments, the IPC creates a deterrent effect that discourages misconduct and enforces ethical governance.
Public servants are pillars of the state. Their honesty ensures stability, fairness, and justice. Therefore, the Indian Penal Code and related laws impose strict penalties on violations to maintain transparency, integrity, and public faith.
Mnemonic to Remember Offences by Public Servants
“BIG FORT CLIP”
Each letter stands for an offence:
- B – Bribery (illegal gratification – old Sec. 161–165)
- I – Incorrect record framing – Sec. 167
- G – Gifts unlawfully taken – Sec. 165A / 165
- F – False evidence – Sec. 193–195
- O – Omission of duty – Sec. 166
- R – Resistance to lawful seizure – Sec. 183
- T – Torture / illegal detention – Sec. 220
- C – Certificates falsely issued – Sec. 197
- L – Legal procedure violated to save offender – Sec. 217
- I – Influence for undue benefit – Sec. 162–163
- P – Property buying illegally – Sec. 169
