CiteTEXT
...431. Dealing with clause 12 of Section 21 IPC, this Court had held that the word “corporation” appearing in clause 12(b) of Section 21 IPC meant co...alleged, according to the State of Bihar the appellant is not a public servant within the meaning of Section 21 IPC and in any case none of the offences alleged can be attributed to acts that aris.../420/467/468/471/34/120-B of the Penal Code, 1860 (hereinafter for short “IPC”) were registered at Police Station Gardani Bagh (Shastri Nagar), Patna. On completion of investigation in all the cases...
...’ within the meaning of clause 12(b) of Section 21 IPC and he was thus a ‘public servant’ within the meaning of said Section 21. Impu...above provision, it follows that the view of the Calcutta High Court in the impugned judgment holding that the Branch Manager of Bank of India is not a ‘public servant’ under section 21 of ...the grounds that the New Bank of India was neither a ‘Corporation’ within the meaning of said clause 12(b) of Section 21 nor the respondent was a ‘public servan...
.... section 197 Cr. P.C do not define ‘public servant’, but in view of the definition in Sec. 2(y), the definition of public servant as defined under sub-section (...be attracted. In the present case, the revisionist claim immunity of public servant as defined under Section 21(12)(b) IPC. Section 21(12)(b)...revisionist who was a branch Manager of the Corporation at the relevant time was a public servant within meaning of Section 21(12)(b) of the Indian Penal Code f...
...performance of any public duty’ was severed from the 9 clause, and incorporated as independent Clause (12) (a). The original Clause (12) was deleted and was re-enacted as Clause (12) (b) with minor modific...service or pay of the Government nor is he remunerated by fees or commission for the performance of any public duty by the Government. He would, therefore, not be a “public servant” in terms of Section 21(...?On the scope of Clause (12) (b) of Section 21 IPC, Smt...
..., 307 and 506 of IPC and Section 8, 12, 21 (2) and 4 of POSCO Act, 2012. 2. The allegation is, the first accused committed sexual assault on the minor, aged 10 ...the offence and plea that they had no knowledge of the offence alleged against the 1st accused. The specific role attributed to them is for the offence under Section 21 (2) which is punishable for a...The petitioners are in judicial custody in Crime No.244/2017 registered by the respondent police in respect of the offences punishable under Sections 354 (A), 354 (B), 376...
...in the Cr.P.C. but not defined therein, but defined in the Indian Penal Code shall be deemed to have the same meaning attributed to them in the Indian Penal Code. Section 21 of IPC defined 'public servant' and, the...the petitioner by virtue of clause 12 (b) of Section 21 IPC, is a public servant. However, that status alone is not suffice to extend protection under Section 197 Cr.P.C, unless ...are fulfilled." (emphasis supplied)
Thus, while relating clause 12 (b) of Section 21 IPC to Section
197 Cr.P.C, the Apex Cour...
...under Section 21(12)(b) of Indian Penal Code. As aforementioned, Explanation-I to Section 21 of IPC further makes it clear that the person wh...contended that the petitioner is not a public servant within the meaning of Section 21 of IPC, inasmuch, as she is neither a Government servant nor a servant of local authority or a Corporation...Section 21 of Indian Penal Code. Section 21 of Indian Penal Code has got 12 clauses. The relevant clause i.e, Clause 12 of ...
...question, the material on record and the decisions cited, I find that in Chandan Kumar (supra), it has not been declared that no sanction for the offence under sections 406/409/420 of ipc is required. It has been held in Chandan Kum...as accused in a Criminal Complaint for the offences under Sections 406/409/477A read with Section 120-B of IPC on the allegations of falsification of accounts ...meaning of Section 21 of IPC.(iv) That Section 121(2) of the DCS Act mandates without previous sanction of the Registrar of the Cooperative Societies, ther...
.... Section 21 of the IPC defines public servant, clause 12(b) of which is relevant in the present context and is set out hereinbelow:—“(b...submitted that the accused-petitioner was functioning as an Assistant Manager in the Biscomaun on the date of occurrence, and was not a ‘public servant’ within the meaning of section 21 IPC and/or...petitioner is not a ‘public servant’ within the meaning of section 21 IPC. Therefore, the 1947 Act does not apply to the petitioner, and no prosecution can be started or...
...Section 7,13(1)(d) read with Sec 13(2) of the Prevention of Corruption Act, 1988 and Section 120-B of IPC, by the impugned order dated 21/12/2.../respondent found the offence under Section 7,13(1),(d), 13(2) of Prevention of Corruption Act read with Section 120-B of the IPC against both the accused perso...investigation they found offence under Section 7,13(1) (d), 13(2) of the Prevention of Corruption Act, 1988 and Section 120-B of the IPC to be made out and henc...
...clause 12(b) of Section 21 IPC and to them the provisions of Section 409 IPC, are not attracted, because the co-operative society is not a “Co...Thirupam Reddy was holding the office of President of Primary Agricultural Cooperative Credit Society, but that office cannot be treated as a public office within the meaning of Section 21 IPC. It...his further contention that even if it is accepted that the petitioner is a public servant within the meaning of Section 21 IPC, it is only for those public servants who are on duty at the time they...
...the meaning of sub-clause (12)(b) of Section 21 of the IPC. What was tried to be made out on behalf of the prosecution is that India Tourism D...the purposes of the Act, public servant means a public servant as defined under Section 21 of the Indian Penal Code. Clauses 2 to 12 of that section refer to th...in the course of his Judgment has after referring to sub-clause (b) of Section 21 of the Indian Penal Code relied upon the decision of the Supreme Court reporte...
...10th ACMM against the petitioner and 5 others for the offences punishable under section 418, 420, 423, 426 120-B r/w section 34 of IPC. The learned magistra...section 34 of IPC. As against the refusal to take cognizance against the accused No.6 the petitioner filed a revision petition No...Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 420, 120B read with Section 34 of IPC, is hereby quashed.
Sd...
...the reasons mentioned in the application, the same is allowed. In the head note as well as in the prayer clause, Sections 420, 467, 468, 471, 120-B of the IPC, Sections 12 and 13 of the Passport Act, .../85 of the NDPS Act be now substituted and read as Sections 420, 467, 468, 471, 489, 120-B of the IPC, Sections 12 and 13 of the Passport Act, Sections 21-B, 27-A of the..., 489, 120-B of the IPC, Sections 12 and 13 of the Passport Act, Sections 21-B, 27-A of the NDPS Act and Section 25 of the Arms Act, registered at Police Statio...
...: 1981 SCC (Cri) 733 :
1982 SCC (L&S) 6]. Dealing with clause 12 of Section ...
This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing the order of taking cognizance by the JMFC-III, Mysore in respect of Crime No.98/2015 afte...Section 197 of Cr.P.C. The police purposely filed 'B' final report without proper investigation in order to safeguard the petitioner who is S.P. Therefore, the protest petition was filed and the...
...to Chapter IX Penal Code. Since the banking statute shows a limitation, it will not be permissible to over come these limits, by recourse to the general word used in Clause 12(b) of Section ...Section 21 IPC it can be held that every employee of the State who falls within the purview of Article 12 of the Constitution is a 'public servant' as defined ...sweep of Section 21 IPC.
4. Mr. Jain also referred before me the case of I.P. Chopra v. Ram Sahai 1985 Raj. Cr. Cases 366 where in my brother Justice Kasliwal held...
...
406, 420, 120-B IPC; 4, 5, 12, 18, 76 of Chit Funds Act and 21, 23 of the Banning of Unregulated Deposit Scheme Act, 2019
...regard to the subject matter of the present petition, it is submitted that case FIR No.253 dated 01.09.2025 under Sections 406, 420, 120-B IPC and Section 4, 5, 12, 18, 76 ...
Offenses
Police Station
1.
509
2024
420, 406, 465, 471, 120-B, 294, 506 IPC, 6 of...
...filed arraying Mr. Biswal, Mr. Reddy and Mr. Prabhat Kumar as accused under Sections 11 and 12 of the Prevention of Corruption Act read with Section 120-B of the IPC.
...FIR No. RC AC-1 2017 A0007 dated 07.12.2017 was registered by the Central Bureau of Investigation (CBI) under Sections 11 and 12 of the Prevention of Corruption Act, 1988 read with Section...120-B of the Penal Code, 1860 (IPC) against one of the Directors of the petitioner no. 2, Mr. Rohit Reddy and his associate Mr. Prabhat Kumar, who is alleged to be handling his tasks in Delhi as also...
...President and Secretary of a cooperative society are not public servants within the meaning of Clause 12(b) of Section 21 IPC and to them the provisio...T.C.S. Act. When the petitioner is an employee of the society, and deemed to be a public servant within the meaning of Section 21 IPC, it embraces the definition of officer within...within the definition of public servant under Section 21 of I.P.C. and when the petitioner falls within the definition of public servant under Section 21 ...
...meaning of Clause 12(b) of Section 21 IPC and to them the provisions of Section 409 IPC are not attracted. But, this view is contrar...within Article 12 of Constitution of India and it is covered by explanation to Section 2(b) ...servant within the meaning of Section 21 IPC, it embraces the definition of officer within Section 2(k) of T.C.S. Act and public servant ...