Summary
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 cooperative 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 Law 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.Dismissing the appeals the Court,^HELD: (1) The terms of sec. 2 of the 1947 Act as substituted by sec. 3 of the Kerala Act are absolutely clear and unambiguous and when they lay down that expression public servant shall have a particular meaning for the 798purpose of the Act, that meaning must be given to the expression wherever it occurs in the Act. "For the purpose of the Act" surely means for the purpose of all and not only some of the provisions of the Act. [803E](2) The Kerala Act carried out amendment of the 1947 Act insofar as the State of Kerala was concerned. The 1947 Act deals not only with offences under sec. 161 to 165A of the Penal Code but also and mainly with those falling under various clauses of sub-section 1 to 5 of the 1947 Act. No reasonable line of distinction between the offences under sec. 161 to 165A of the Code on the one hand and those punishable under sec. 5 of the 1947 Act on the other appears feasible for the purpose of conferment of exclusive jurisdiction on special judges to try them. From this point of view also interpretation canvassed on behalf of the appellants is untenable. [804C-E](3) The arguments that the legislature would have incorporated the additional definition under sec. 21 if it desired to extend the scope for all purposes is without substance. If the definition had been enlarged by amendment of sec. 21 it would have made the new categories of persons brought by it within the ambit of the expression "public servant" liable to punishment not only for Offences under sec. 161 to 165A of the Code but also for numerous other offences specified in the code relating to public servants as also to offences so related and created by other Acts wherein the definition of public servant occurring in sec.21 of the Code has been adopted. [804F-H]See the full content of this document
Extract
M. A. Kochu Devassy Etc. VS. State Of Kerala
PETITIONER: M. A. KOCHU DEVASSY ETC.Vs.RESPONDENT: STATE OF KERALADATE OF JUDGMENT15/09/1978BENCH: KOSHAL, A.D.BENCH: KOSHAL, A.D.SINGH, JASWANTKAILASAM, P.S.CITATION: 1979 AIR 358 1979 SCR (1) 797 1979 SCC (2) 117ACT: 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.JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeals Nos.178 and 248 of 1977.Appeals by Special Leave from the Judgment and order dated 25-1-77, 4-3-77 of the Kerala High Court in Criminal Misc. Petition No. 862/76 and Criminal Appeal No. 416/75.T. C. Raghavan (In Crl. A. 178/77) and P. K. Pillai for the Appellant.K. T. Narindranath (In Crl. A. 178/77) and K. R.Nambiar for the Respondent.The Judgment of the Court w...
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