Below is a Judicial Services–standard, detailed answer based strictly on the Bare Act + Supreme Court case law, written in a way that can be directly reproduced in Mains.
Definition of Public Servant and Public Duty under the Prevention of Corruption Act, 1988
The concept of “public servant” and “public duty” under the is the foundation of the Act, since offences under the Act primarily relate to corruption in discharge of public functions. The Act deliberately gives these expressions a wide and inclusive meaning to effectively curb corruption.
I. Definition of “Public Servant” – Section 2(c)
Bare Provision (Section 2(c))
Section 2(c) defines public servant in an inclusive manner. It includes, inter alia:
- Any person in the service or pay of the Government (Central or State)
- Judges, arbitrators, and persons authorized to perform adjudicatory functions
- Officers or employees of:
- Government companies
- Statutory corporations
- Public sector banks
- Universities and educational institutions receiving government aid
- Any person who holds an office by virtue of which he is authorized or required to perform a public duty
📌 The use of the word “includes” indicates that the definition is not exhaustive.
Judicial Interpretation of “Public Servant”
Prakash Singh Badal v. State of Punjab (2007) 1 SCC 1
Held:
- The definition of public servant under Section 2(c) is very wide
- It must receive a liberal and purposive interpretation
- Even persons holding political office are not immune merely because of their status
Principle:
Any narrow interpretation would defeat the object of the Act.
State of Maharashtra v. Brijlal Sadasukh Modani (2016) 4 SCC 417
Held:
- A person performing public duty need not be a permanent government employee
- Performance of public function is the determining factor
Ramesh Gelli v. CBI (2016) 3 SCC 788
Held:
- Officers of private banks discharging public financial functions fall within the definition
- Banking activities affect the public at large and therefore constitute public duty
Conclusion on Public Servant
Thus, status is immaterial; what is relevant is:
- The nature of duty, and
- Whether such duty is connected with public interest
II. Definition of “Public Duty” – Section 2(b)
Bare Provision (Section 2(b))
Section 2(b) defines public duty as:
“A duty in the discharge of which the State, the public, or the community at large has an interest.”
📌 The emphasis is on public interest, not on the employer–employee relationship.
III. What Constitutes “Public Duty” – Judicial Explanation
Essential Elements of Public Duty
From statutory interpretation and case law, the following elements emerge:
- The duty must be official or statutory
- It must affect public interest or community welfare
- The duty need not be sovereign in nature
- It may be performed by:
- Government servants
- Employees of statutory bodies
- Private individuals entrusted with public functions
Leading Case Laws on Public Duty
State of Gujarat v. Mansukhbhai Kanjibhai Shah (2020) 20 SCC 360
Held:
- Public duty is not confined to traditional governmental functions
- Any function having direct impact on public at large constitutes public duty
Ramesh Gelli v. CBI (2016)
Held:
- Sanctioning of loans by bank officials involves public funds
- Such activity directly affects economic stability
- Hence, it amounts to discharge of public duty
P. V. Narasimha Rao v. State (CBI/SPE) (1998) 4 SCC 626
Held:
- Acts performed by Members of Parliament in their official capacity involve public duty
- Corruption in such acts directly undermines democratic governance
IV. Relationship Between Public Servant and Public Duty
A person becomes a public servant under the Act because he performs a public duty.
Thus:
Public Duty is the functional test;
Public Servant is the legal status arising from it.
Courts have consistently held that:
- Even temporary, contractual, or delegated performance of public duty is sufficient
- What matters is entrustment of public responsibility
V. Purpose of Giving Wide Meaning
The legislature intentionally expanded these definitions to:
- Prevent technical defences
- Cover modern governance structures
- Include public-private partnerships
- Ensure that corruption does not escape punishment due to formal status
As observed in Prakash Singh Badal, the Act must be interpreted to advance its object, not frustrate it.
VI. Exam-Oriented Summary (Ready to Write)
- Section 2(c) defines public servant broadly and inclusively
- Section 2(b) defines public duty based on public interest
- Status or employer is irrelevant
- Nature and impact of duty is decisive
- Courts adopt purposive interpretation
VII. Conclusion
The Prevention of Corruption Act, 1988 treats public trust as the core value. Any person who is entrusted with a duty affecting public interest is brought within the fold of the Act as a public servant. This expansive interpretation ensures that corruption is curbed not merely in government offices but wherever public interest is at stake.
🔑 One-Line Judiciary Quote (Use in Conclusion)
“The test is not who employs the person, but whether the duty performed affects the public.”
