Law: Civil Servants Act, 1973

Section: 2(1)(b)

Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 2(1)

Law: Government Servants (Conduct) Rules, 1964

Section: 3(1)(b)

Law: Penal Code (XLV of 1860)

Section: 21,161

(a) Civil Servants Act (LXXI of 1973)--- ----S. 2(1)(b)---Government Servants (Efficiency and Discipline) Rules 1973, R. 2(1)--- Government Servants (Conduct) Rules 1964, R. 3(1)(b)---Penal Code (XLV of 1860), Ss. 21 161---Term public servant as provided in sections 21 161 of P.P.C.---Scope---Definition of public servant as provided in section 21 of the P.P.C. is only for the purpose of application of the provisions of that substantive criminal law, as well as of the related procedural criminal law, the Code of Criminal Procedure 1898, and the extended definition of that term as given in Explanation of section 161, P.P.C.---Said definitions do not confer any civil status, capacity or position on the persons falling in the scope thereof. Terms civil servant and government servant, having almost the same meaning and scope, are commonly used interchangeably in the civil service laws of the country. The term public servant as defined in section 21 of the P.P.C. for the purpose of application of that law is, however, of wide import and scope than those terms. It cannot, therefore, be referred to or used as an equivalent or synonym of them, in the context of a persons civil status, capacity or position. In the ordinary English language, the words civil servant and public servant may have the same meaning, but this is not so in the legal language as commonly used in the laws of the country (Pakistan). It may be said that in legal parlance, particularly of the service and criminal laws, all civil servants are public servants as defined in section 21 of the P.P.C., but not all such public servants are civil servants. The definition of public servant as provided in section 21 of the P.P.C. is only for the purpose of application of the provisions of that substantive criminal law, as well as of the related procedural criminal law, the Code of Criminal Procedure 1898, and the extended definition of that term as given in Explanation of section 161 (which brings the employees of any corporation or other body or organisation set up, controlled or administered by, or under the authority of, the Federal Government, within the ambit of the term public servant) is only for the…

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