High Court Rules MLA Not a 'Public Servant' Under IPC, Impacts POCSO Case

सही उत्तर: B

Statement 1 is correct as per the news. The Himachal Pradesh High Court explicitly ruled that an MLA is not a 'public servant' under Section 21 of the IPC. Statement 2 is incorrect. While the ruling pertains to IPC Section 21, the Prevention of Corruption Act, 1988, has its own, much broader definition of 'public servant' under Section 2(c), which explicitly includes 'any person who is a Member of Parliament or of any State Legislature'. Therefore, the enhanced punishment provisions under the PC Act would still apply to MLAs, irrespective of the IPC Section 21 interpretation. Statement 3 is correct. The court's reasoning, as stated in the news, was that an MLA is elected and does not hold an 'office' by appointment or employment by the government. Thus, only statements 1 and 3 are correct.

सही उत्तर: C

Option A is incorrect. The recent HP High Court ruling clarified that an MLA is NOT a 'public servant' under Section 21 of the IPC. However, Section 21(a) of the IPC explicitly includes 'Every Judge' in its definition of 'public servant'. Option B is incorrect. Both an MLA (under Section 2(c)(viii)) and a High Court Judge (under Section 2(c)(vi) as 'every person who holds any office by virtue of which he is authorised or required to perform any public duty') are considered 'public servants' under the Prevention of Corruption Act, 1988. Option C is correct. Section 21(a) of the IPC clearly states 'Every Judge' is a public servant. The status of an MLA under Section 21 of the IPC has indeed been subject to judicial interpretation, with the recent HP HC ruling stating they are not. However, it's important to note that the Supreme Court in some past judgments (e.g., P.V. Narasimha Rao case) had considered MPs/MLAs as public servants for certain purposes, but the HP HC ruling specifically addresses Section 21 IPC. Option D is incorrect. As explained, a High Court Judge is explicitly a 'public servant' under Section 21 of the IPC.

सही उत्तर: C

Statement 1 is correct. Section 17 of the POCSO Act indeed provides for enhanced punishment for offenses committed by a 'public servant' as defined under the Act. Statement 2 is incorrect. Section 2(1)(p) of the POCSO Act defines 'public servant' by stating it 'shall have the meaning assigned to it in clause (c) of section 2 of the Prevention of Corruption Act, 1988'. It does NOT explicitly link it to Section 21 of the IPC. This is a crucial distinction, as the PC Act's definition is broader and includes elected representatives. Statement 3 is correct. The POCSO Act defines a 'child' as any person below the age of eighteen years and aims to protect them from sexual offenses. Therefore, statements 1 and 3 are correct.