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Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Ranjan Gogoi, Prafulla C. Pant , JJ

(A) Prevention of Corruption Act (49 of 1988) , S.2(c)(viii)— Banking Regulation Act (10 of 1949) , S.46A— Penal Code (45 of 1860) , S.21— (as inserted w.e.f. 14-1-1957) - 'Public servant' - Chairman/Managing Director or director of private bank against whom crime relating to anti-corruption is registered - Cannot be excluded from definition of 'public servant' - Definition of 'public servant' given in P.C. Act r/w S. 46-A of Banking Regulation Act holds field over definition given in S. 21 of Penal Code - Omission to incorporate relevant provisions of P.C. Act in S. 46 A of Banking Regulation Act - Cannot be supplied by Court - Exception to Rule of casus omissus, attracted. Interpretation of Statutes.Cri. Rev. Appl. No. 131 of 2007, D/- 13-07-2009 (Bom.), Reversed.Per Prafulla C. Pant., J. The object of enactment of P.C. Act, 1988, was to make the anti corruption law more effective and widen its coverage. In view of definition of public servant in Section 46A of Banking Regulation Act, 1949 as amended the Managing Director and Executive Director of a Banking Company operating under licence issued by Reserve Bank of India, were already public servants, as such they cannot be excluded from definition of 'public servant'. Over the general definition of 'public servant' given in Section 21 of IPC, it is the definition of 'public servant' given in....