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Indian Penal Code, 1860 · Chapter IX: Of Offences by or Relating to Public Servants

Section 161: [Repealed

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Amendment of section 161, Central Act 45 of 1860.—In section 161 of the Indian Penal Code (Central Act 45 of 1860), after the explanation relating to “A motive or reward for doing”, the following explanation shall be inserted, namely:— “‘Public Servant’.— For purposes of this section and sections 162, 163, 164, 165 and 165A, the words ‘public servant’ shall denote, besides those who are public servants under section 21 or who are deemed to be ‘public servants’ within the meaning of that section under any law for the time being in force, persons falling under any of the descriptions hereinafter following, namely:—

(i) Every officer in the service or pay of the Travancore Devaswom Board or the Cochin Devaswom Board or the Cochin Devaswom Board;

(ii) Every officer in the service or pay and every member of the Wakfs Board constituted under the Wakfs Act, 1954 (Central Act 29 of 1954);

(iii) The President and every member of a Village Court or Village Panchayat Court;

(iv) Every member of the Board of Directors or of the executive or managing committee and every 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.

(v) Every member of the governing body and every officer or servant in the service or pay of a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 or the Societies Registration Act, 1860, and receiving aid or grant from the Government;

(vi) Every teacher or other officer or servant of the University of Kerala;

(vii) Every examiner of a University Examination or a Government Examination;

(viii) Every Manager, or teacher or servant of an educational institution which receives or has received aid or grant from the Government or the University of kerala.”. [Vide Kerala Act 27 of 1962, sec. 2].

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 161