Bank Employees Are Not Public Servants Under Section 21 IPC for Section 353 Charges

sketch of the Bombay High Court
Case
MADHUKAR RANGLAL PAWAR v. STATE OF MAHARASHTRA THR PSO, PS BARSHI TAKLI (Bombay High Court, 03-09-2026)
Law
Banking Regulation Act, Code of Criminal Procedure, Indian Penal Code.

Highlights of the Judgment:

  • Examination of whether a nationalised bank employee qualifies as a public servant under Section 21 of the Indian Penal Code.
  • Interpretation of Section 353 of the IPC concerning assault on public servants and its mandatory ingredients.
  • Analysis of Section 46-A of the Banking Regulation Act, 1949, and its limited application to public servant definitions.
  • Application of revisional jurisdiction to quash charges when the primary cognizable offense is legally untenable.
  • Discussion on the procedural handling of non-cognizable offences under Section 155 of the Code of Criminal Procedure.