IPC Section 57
IPC Section 57 – “Liability of King’s Servant for Acts Done in the Course of His Employment”
What does Section 57 say?
Section 57 states that:
“Every person who is in the service of the Government is liable to the same punishment as a public servant for doing any act in the exercise of the functions of a public servant.”
Explanation in Detail:
Who is covered?
This section applies to any person who is employed in the service of the Government, even if they are not officially designated as a “public servant” under other laws.
This includes government employees, contractors, or others acting on behalf of the government.
Liability for Acts Done in Official Capacity:
If such a person commits an offence while performing their official functions or duties related to their employment, they are liable to be punished as if they were a public servant.
This means they cannot claim immunity or exemption just because they are not officially a “public servant.”
Purpose of Section 57:
To broaden the scope of accountability and ensure that anyone working for the government who misuses their position or commits offences related to official functions can be punished.
Prevents loopholes where individuals avoid liability by arguing that they are not technically “public servants.”
Why is Section 57 Important?
Ensures responsibility and accountability for all government-related personnel.
Prevents misuse of power or commission of offences under the shield of being a non-public servant.
Supports the integrity of public service by extending criminal liability.
Example:
Suppose a government contractor damages public property while carrying out a government contract. Even if the contractor is not a “public servant,” under Section 57, they can be held liable like a public servant for any offence committed during their official work.
Summary:
| Aspect | Details |
|---|---|
| Who is liable? | Any person in government service, official or not |
| When liable? | For acts done while exercising official functions |
| Punishment | Same as that of a public servant for such acts |
| Purpose | Broaden accountability and prevent loopholes |
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