M. A. KOCHU DEVASSY ETC. versus STATE OF KERALA

M. A. KOCHU DEVASSY ETC. versus STATE OF KERALA

The enlarged definition of 'public servant' in the Explanation to section 161 of the Indian Penal Code, as amended by the Kerala Criminal Law Amendment Act, 1962, by incorporation into section 2 of the Prevention of Corruption Act, 1947 (as amended in Kerala), governs all the provisions of the 1947 Act; members of an executive committee or servants of a co-operative society are public servants for these purposes and are triable by a Special Judge.

Parties
Appellant: M. A. Kochu Devassy; Appellant: C. A. Thomas; Respondent: State of Kerala
Jurisdiction
India
Judgment Date
15 September 1978
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeals by Special Leave
Outcome
Appeals dismissed.
Legal Topics
Public Servant Definition, Kerala Criminal Law Amendment, Prevention of Corruption Act, Jurisdiction of Special Judge, Co Operative Societies
Criminal Law Public Servant Definition Kerala Criminal Law Amendment Prevention of Corruption Act Jurisdiction of Special Judge Co Operative Societies

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Parties

M. A. Kochu Devassy

Appellant

C. A. Thomas

Appellant

State of Kerala

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeals by Special Leave

Legal Issues

  1. 1 Whether a member of an executive committee or a servant of a registered co-operative society is a 'public servant' for the purposes of the Prevention of Corruption Act, 1947, as amended in Kerala, and triable by a Special Judge under clause (c) of sub-section (1) of section 5 of the Act.

Ratio Decidendi

The enlarged definition of 'public servant' in the Explanation to section 161 of the Indian Penal Code, as amended by the Kerala Criminal Law Amendment Act, 1962, by incorporation into section 2 of the Prevention of Corruption Act, 1947 (as amended in Kerala), governs all the provisions of the 1947 Act; members of an executive committee or servants of a co-operative society are public servants for these purposes and are triable by a Special Judge.

Court Disposition

Appeals dismissed.

Orders

  • The appeals by the appellants are dismissed.