Which role or designation, by itself, does NOT make someone a public functionary under the Explanation to section 113(1) of the Bharatiya Nyaya Sanhita, 2023?
Question and options
Which role or designation, by itself, does NOT make someone a public functionary under the Explanation to section 113(1) of the Bharatiya Nyaya Sanhita, 2023?
Speaker of a State Legislative Assembly
Speaker of the House of the People
A functionary notified as a public functionary in the Official Gazette by the Central Government
A functionary notified as a public functionary in the Official Gazette by a State Government
Answer and explanation
Under the Explanation to section 113(1) of the Bharatiya Nyaya Sanhita, 2023, “public functionary” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as a public functionary. The Speakers of the House of the People and of a State Legislative Assembly are constitutional authorities, and a Central Government notification is expressly covered. A notification by a State Government is not a ground in the definition, so that designation alone does not make a person a public functionary.
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