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Section history

Section 21 — “Public servant”

Consolidated view is experimental and may be broken for certain provisions.

Amendments
Section 21 — Original text to 1 October 2017superseded
21.“Public servant”

The words “public servant” denote a person falling under any of the following descriptions:

(a)every officer in the Singapore Armed Forces;

(b)every judge;

(c)every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorised by a court of justice to perform any of such duties;

(d)every assessor assisting a court of justice or public servant;

(e)every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority;

(f)every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

(g)every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

(h)every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;

Paragraph (i) — Original text to 1 February 2008superseded

(i)every officer whose duty it is, as such officer to take, receive, keep or expend any property, to make any survey or assessment, or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

Paragraph (i) — From 1 February 2008 (current)rewritten by Penal Code (Amendment) Act 2007

(i)a member of the Public Service Commission or the Legal Service Commission constituted under Part IX of the Constitution.

Illustration

[Deleted by Act 51 of 2007]

Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

[Indian PC 1860, s. 21]

(j)a member of the Public Service Commission.

Illustrations

Persons employed in the administration of the Local Government Integration Act [Cap. 166] are public servants.

Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Section 21 — From 1 October 2017 (current)restructured by Administration of Justice (Protection) Act 2016
21.“Public servant”

(1)The words “public servant” denote a person falling under any of the following descriptions:

(a)every officer in the Singapore Armed Forces;

(b)every judge;

(c)every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, or to conduct mediation or other alternative dispute resolution process under any written law, and every person specially authorised by a court of justice to perform any of such duties;

(d)every assessor assisting a court of justice or public servant;

(e)every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority;

(f)every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

Paragraph (g) — Original text to 1 January 2020superseded

(g)every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

Paragraph (g) — From 1 January 2020 (current)restructured by Criminal Law Reform Act 2019

(g)every officer of the Government and every officer or employee of a body corporate established by a public Act for the purposes of a public function whose duty, as such officer or employee, is any of the following:

(i)maintaining law and order;

(ii)preserving the public peace;

(iii)preventing and detecting offences;

(iv)apprehending offenders or otherwise bringing offenders to justice;

(v)executing summonses, subpoenas, orders to attend court, warrants, commitments and other legal processes issued by a court or Justice of the Peace;

(vi)maintaining order in the premises of the courts of justice;

(vii)escorting and guarding prisoners and accused persons in remand;

(viii)protecting the public health or safety or prevention of public inconvenience;

(h)every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;

Paragraph (i) — Original text to 1 January 2020superseded

(i)a member of the Public Service Commission or the Legal Service Commission constituted under Part IX of the Constitution.

Illustration

[Deleted by Act 51 of 2007]

Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Paragraph (i) — From 1 January 2020 (current)rewritten (not yet redlined) — Criminal Law Reform Act 2019

(i)a member of the Public Service Commission, the Judicial Service Commission or the Legal Service Commission constituted under Part IX9 of the Constitution;

(j)every person (other than a person mentioned in paragraph (g)) who is employed to carry out any of the duties, mentioned in paragraph (g)(i) to (vii), on behalf of the Government or a body corporate established by a public Act for the purposes of a public function, when that person is performing such duties.

Illustration

[Deleted by Act 51 of 2007]

Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

[Indian PC 1860, s. 21]

(2)Despite subsection (1), the words “public servant” in sections 175, 178, 179, 180 and 228 does not include a judge as defined in the Administration of Justice (Protection) Act 2016.