Municipal Councillor not a public servant under the IPC definition, barring prosecution under the corruption law.

A Municipal Councillor is not a public servant within Section 21 of the Indian Penal Code because the office is filled by election, not by Government appointment, and does not answer the statutory description of an authority appointed and controlled in the required manner. Applying the earlier constitutional bench interpretation of that definition, the SC held that the appellant fell outside the class of public servants. As a result, prosecution under the Prevention of Corruption Act, 1947 could not be sustained on that footing, and the question of sanction did not affect the outcome.

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Issues: Whether a Municipal Councillor is a public servant within the meaning of Section 21 of the Indian Penal Code, 1860, and whether prosecution under the Prevention of Corruption Act, 1947 could stand on that basis.

Analysis: The question was treated as settled by the earlier constitutional bench decision on the meaning of public servant under Section 21 of the Indian Penal Code, 1860. The Court applied that interpretation and held that a Municipal Councillor is elected by the people, does not hold appointment under Government, and does not function as an authority appointed and controlled in the manner contemplated by that provision. On that reasoning, the appellant did not fall within the definition of public servant. Since the appellant was not a public servant, the validity of sanction for prosecution did not affect the issue.

Conclusion: A Municipal Councillor is not a public servant under Section 21 of the Indian Penal Code, 1860, and prosecution under the Prevention of Corruption Act, 1947 could not be sustained against the appellant on that basis.

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