Public officer
A person falling within the eight descriptions in Section 2(17) of the CPC, such as every Judge, members of an All-India Service and officers in the service or pay of the Government.
Explained
Section 2(17) of the CPC defines public officer by listing eight descriptions: (a) every Judge; (b) every member of an All-India Service; (c) every commissioned or gazetted officer of the military, naval or air forces of the Union while serving under the Government; (d) every officer of a court of justice whose duty is to investigate or report, make or keep documents, take charge of property, execute judicial process, administer oaths, interpret or preserve order, and every person specially authorised by a court to do so; (e) every person holding an office by which he may place or keep a person in confinement; (f) every Government officer whose duty is to prevent offences, give information of offences, bring offenders to justice or protect public health, safety or convenience; (g) every officer who deals with Government property or pecuniary interests; and (h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty.
The definition matters chiefly for suits about official acts. Under Section 80 no suit may be instituted against the Government or a public officer for an act purporting to be done in his official capacity until two months after written notice. A suit for urgent relief may be filed with leave without notice, and under Section 80(3) a suit is not dismissed merely for an error or defect in the notice if the plaintiff was identifiable and the cause of action and relief were substantially indicated. Section 81 exempts such a defendant from arrest and, where his duty requires, from personal appearance, and Section 82 bars execution of a decree against him until it remains unsatisfied for three months. Order XXVII contains the procedure.
The BSA also uses the expression. Under Section 75 a public officer having custody of a public document must give a certified copy to a person entitled to inspect it, and under Section 130 he cannot be compelled to disclose communications made to him in official confidence when he considers that public interests would suffer.
Public officer under the CPC is distinct from public servant under Section 2(28) of the BNS, which is the criminal law concept. Examiners test the listed categories and the Section 80 notice rules.
What the law says
(17) “public officer” means a person falling under any of the following descriptions, namely:—
(a) every Judge;
(b) every member of [an All-India Service];
(c) every commissioned or gazetted officer in the military [naval or air] forces of [the Union] *** while serving under the Government;
(d) every 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 especially authorised by a court of Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
Section 2(17) defines public officer
[(1)] [ Save as otherwise provided in sub-section (2), no suits [shall be instituted] against the Government (including the Government of the State of Jammu and Kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been [delivered to, or left at the office of—]
(a) in the case of a suit against the Central Government, [except where it relates to a railway] a Secretary to that Government;
[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;
Notice before suit against Government or public officer
In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.
Exemption from arrest and personal appearance
[(1) Where, in a suit by or against the Government or by or against a public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed against the Union of India or a State or, as the case may be, the public officer, such decree shall not be executed except in accordance with the provisions of sub-section (2).]
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of [such decree].
[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree, if the order or award—
Execution of decrees against Government or public officer
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation.—Any officer who, by the ordinary course of official duty, is authorised to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.
Public officer to give certified copies of public documents
Earlier law: IEA 76. Certified copies of public documents.
No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.
Privilege for communications made in official confidence
Earlier law: IEA 124. Official communications.
For the exam
- Defined by eight descriptions in Section 2(17) CPC; every Judge is a public officer.
- Section 80: two months' notice before suing for an act in official capacity.
- Section 80(3): a defect in notice does not defeat the suit if its essentials are present.
- Section 75 BSA: public officer must issue certified copies of public documents.
- Different from 'public servant' under Section 2(28) BNS.
164 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Related terms
- Public servantA person falling within the descriptions in Section 2(28) of the BNS, such as Judges, officers of the Government and Courts, and persons in the pay of the Government or a Government company.
- Government PleaderUnder Section 2(7) of the CPC, any officer appointed by the State Government to perform the functions the Code imposes on the Government Pleader, and any pleader acting under his directions.
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- PleadingUnder Order VI Rule 1 of the CPC, pleading means a plaint or a written statement.
- The State (Article 12)For Part III of the Constitution, the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities in India or under the control of the Government of India.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.