Incorporated statutory definitions may absorb later amendments where needed to keep an anti-corruption law workable.

Section 2 of the Prevention of Corruption Act, 1947, which adopted the definition of "public servant" from section 21 of the Indian Penal Code, was held to include later amendments to section 21 because the two enactments were supplementary and the anti-corruption statute would otherwise be rendered less effective. On that construction, an employee of a Government company fell within the extended definition of public servant. The respondent's conviction was therefore sustained, and the sentence was modified in view of the circumstances, with imprisonment reduced to the period already undergone.

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Issues: (i) Whether the definition of "public servant" in section 2 of the Prevention of Corruption Act, 1947, which incorporates section 21 of the Indian Penal Code, remained confined to the pre-amendment text of section 21 or took in the later amendments enlarging that definition to include employees of a Government company. (ii) Whether, on the facts, the respondent's conviction should be sustained, and if so, whether the sentence required modification.

Issue (i): Whether the definition of "public servant" in section 2 of the Prevention of Corruption Act, 1947, which incorporates section 21 of the Indian Penal Code, remained confined to the pre-amendment text of section 21 or took in the later amendments enlarging that definition to include employees of a Government company.

Analysis: Section 2 of the Prevention of Corruption Act, 1947, adopted the definition of "public servant" from section 21 of the Indian Penal Code by reference. The Court held that although an incorporated provision ordinarily remains unaffected by later amendments to the parent statute, that rule is not absolute. It does not apply where the two enactments are supplemental to each other, or where a later amendment in the parent statute is necessary to keep the incorporating statute workable and effective. The Prevention of Corruption Act was treated as a social and supplementary measure aimed at suppressing corruption among public servants, and the enlargement of section 21 of the Indian Penal Code by the amending enactments was held to be relevant to the meaning of section 2 of the Act. On that approach, an employee of a Government company fell within the extended meaning of "public servant".

Conclusion: The amended definition of "public servant" in section 21 of the Indian Penal Code applied to section 2 of the Prevention of Corruption Act, 1947, and the respondent was a public servant.

Issue (ii): Whether, on the facts, the respondent's conviction should be sustained, and if so, whether the sentence required modification.

Analysis: Once the respondent was held to be a public servant, the conviction could not be set aside on the jurisdictional ground adopted by the High Court. At the same time, the Court took note of the circumstances referred to by the High Court, including the passage of time and the limited nature of the misconduct, and considered that only a token punishment was warranted.

Conclusion: The conviction was restored, but the sentence was reduced to imprisonment already undergone.

Final Conclusion: The appeal succeeded, the acquittal by the High Court was overturned, and the respondent's conviction stood affirmed with a substantially reduced sentence.

Ratio Decidendi: Where a later statute incorporates a definition from an earlier enactment, subsequent amendments to that incorporated provision will be read into the later statute when the two enactments are supplemental to each other or when the later statute would otherwise become ineffective or unworkable.

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