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Penal Code, 1860 (Act No. XLV of 1860).
Second. Every Commissioned Officer in the Military, Naval or Air Forces of
Bangladesh 10[ * * *];
11[ Third. Every Judge
including any person empowered by any law to perform,
whether by himself or as a member of any body of persons, any adjudicatory
function;]
Fourth. very 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 authorized by a Court of Justice to
perform any of such duties;
Fifth.Every juryman, assessor, or member of a panchayat assisting a Court of
Justice or public servant;
Sixth.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;
Seventh.Every person who holds any office by virtue of which he is empowered
to place or keep any person in confinement;
Eighth.Every officer of the 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;
Ninth.Every officer whose duty it is, such officer, to take, receive, keep or
expend any property on behalf of the Government, or to make any survey,
assessment or contract on behalf of the Government, or to execute any revenue
process, or to investigate, or to report, on any matter affecting the pecuniary
interests of the Government, or to make, authenticate or keep any document
relating to the pecuniary interest of the Government, or to prevent the infraction
of any law for the protection of the pecuniary interests of the Government 12[ *
* *];
Tenth.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;
Eleventh.Every person who holds any office in virtue of which he is empowered
to prepare, publish, maintain or revise an electoral roll or to conduct an election
or part of an election.
Illustration
A Municipal Commissioner is a public servant.
13[ Twelfth.Every person
(a) in the service or pay of the Government or remunerated by the Government
by fees or commissions for the performance of any public duty;
(b) in the service or pay of a local authority or of a corporation, body or
authority established by or under any law or of a firm or company in which any
part of the interest or share capital is held by, or vested in, the Government.]
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.
Explanation 3.The word "election" denotes an election for the purpose of
selecting members of any legislative, municipal or other public authority, of
whatever character, the method of selection to which is by, or under, any law
prescribed as by election.
“Moveable property”
22. The words "moveable property" are intended to include corporeal property of
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