Section 35 of The Payment and Settlement Systems Act, 2007
Every officer of the Reserve Bank who has been entrusted with any power under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Summary
- Every officer of the Reserve Bank who is given power under this Act is legally considered a public servant.
- This status is defined by Section 21 of the Indian Penal Code.
- This applies to any officer performing duties like inspecting a system provider's records or enforcing standards.
Practical examples
FAQ
1. Why does the Act mention the Indian Penal Code?
It uses the Indian Penal Code to provide a standard legal definition for what a "public servant" is and what rules apply to them.
2. Does this status apply when an officer is checking if a system provider is doing their duty?
Yes, if the officer is exercising power to ensure duties under Section 21 are met, they are acting as a public servant.
Test yourself
Q1.Under Section 35 of The Payment and Settlement Systems Act, 2007, who is deemed to be a public servant?
Q2.Section 35 of The Payment and Settlement Systems Act, 2007, cross-references which other law to define a "public servant"?
Q3.Under Section 35 of The Payment and Settlement Systems Act, 2007, what is required for an RBI officer to be deemed a public servant under this specific law?
Q4.If an RBI officer is performing an inspection under Section 14 to ensure compliance with the Act, what is their legal status according to Section 35 of The Payment and Settlement Systems Act, 2007?