Every member of the Commission, State Commission and every officer appointed or authorized by the Commission or State Commission to exercise functions under the Protection of Human Rights Act is to be

Question

Every member of the Commission, State Commission and every officer appointed or authorized by the Commission or State Commission to exercise functions under the Protection of Human Rights Act is to be deemed

UnlockIAS · Accepted Answer

Correct — B, Public Servant. The Protection of Human Rights Act, 1993 expressly provides that every Member of the Commission and the State Commission, and every officer appointed or authorised to exercise functions under the Act, shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code. This deeming brings them under the penal code's provisions that protect and bind public servants while they carry out their official duties.

Why the other options are wrong — (a) 'Public officer' is a term defined in the Code of Civil Procedure, not the status the Act confers here — the Act's chosen term is 'public servant' (an Indian Penal Code concept).  (c) This is not a legal status recognised by the Act; the Act deems them public servants, which carries specific criminal-law protections and liabilities, rather than a vague 'officer of commission' tag.  (d) Incorrect, because the Act does specifically deem them public servants — a definite status is provided.

Concept: Deeming members and officers to be 'public servants' means the criminal law that applies to public servants — offences committed by them and offences committed against them — applies while they act under the Act. It formalises both accountability for their official conduct and legal protection for acts done in that official capacity.

State PCS 2018 Q98 — Indian Polity PYQ with Answer

State PCS 2018 Q98 — Indian Polity PYQ with Answer