Indian criminal law | Statutory definitions
IPC Section 14: Servant of Government - Definition and Current Legal Position
Section 14 of the Indian Penal Code, 1860 defined the expression "servant of Government". The Bharatiya Nyaya Sanhita, 2023 (BNS), which generally replaced the IPC with effect from 1 July 2024, does not reproduce this definition as a separate provision.
What did Section 14 IPC say?
The statutory definition was:
The words "servant of Government" denote any officer or servant continued, appointed or employed in India by or under the authority of Government.
This was a definition provision rather than a standalone criminal offence. It did not itself prescribe imprisonment or a fine. The phrase helped interpret other IPC provisions where the expression appeared.
Meaning of the definition
The definition covered an officer or servant whose continuation, appointment or employment in India was by the Government or under its authority. Whether a particular individual fell within that expression depended on the legal source and nature of the appointment or employment, rather than the job title alone.
The former Section 14 should be read with the relevant operative provision and the facts of the particular case. It did not mean that every contractor, employee of a private organisation or person performing work for the Government automatically had that status.
Position under the Bharatiya Nyaya Sanhita, 2023
The BNS does not carry forward a separate definition corresponding directly to IPC Section 14. It does, however, define "public servant" in Section 2(28). That provision includes specified categories such as judges, certain court officers, government officers performing designated duties, and persons in the service or pay of Government or specified public bodies, subject to its detailed statutory wording.
In particular, Section 2(28)(k) includes persons in the service or pay of Government, or remunerated by Government for performance of a public duty, as well as specified persons serving local authorities, statutory corporations and government companies. The explanations to Section 2(28) clarify that certain persons may be public servants even if not appointed by Government.
These rules should not be described as a word-for-word replacement for IPC Section 14. For any present-day offence, consult the exact BNS provision and the relevant definition of "public servant".
IPC Section 14 and BNS: comparison
| Issue | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
|---|---|---|
| Term | Servant of Government | No separate corresponding definition; "public servant" is separately defined |
| Provision | Section 14 | Section 2(28) for "public servant" |
| Nature | Interpretative definition | Detailed definition with specified categories and explanations |
| Punishment | None under Section 14 itself | None under Section 2(28) itself |
Does IPC Section 14 still matter?
Yes, for interpreting historical IPC provisions and proceedings concerning conduct governed by the former law. The BNS contains repeal and savings provisions in Section 358; their application depends on the facts, timing and applicable legal rules. The change in law does not automatically erase liabilities or proceedings arising under the earlier legislation.
Frequently asked questions
Is IPC Section 14 a punishable offence?
No. It defined an expression used in the IPC and did not create an independent offence.
What is the corresponding BNS section?
There is no exact separate counterpart to IPC Section 14. BNS Section 2(28) defines the related, but broader, expression "public servant".
Are all government contractors public servants?
Not automatically. The statutory category, appointment, payment, functions and any applicable special legislation must be examined.
When did the BNS come into force?
Most provisions came into force on 1 July 2024. The commencement notification excepted Section 106(2).
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code text
- Ministry of Home Affairs - new criminal laws
- Bureau of Police Research and Development - new criminal laws
- Indian Penal Code sections and definitions
Editorial note: Updated 28 October 2026. This article provides general legal information and should be read with the statutory text and relevant judicial decisions.