Section 95: Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019

Legal Commentary & Landmark Judgments: Section 95

Section 95 confers the status of public servants upon the Presidents, members, Chief Commissioner, Commissioners, and all administrative officers and employees functioning under the Act within the meaning of Section 21 of the Indian Penal Code.

  • Statutory Deeming Fiction as Public Servants: Deems Presidents, members, commissioners, and staff of consumer commissions and CCPA to be public servants under Section 21 IPC (Section 2(28) of Bharatiya Nyaya Sanhita, 2023).
  • Statutory Immunity and Sanction Protections: Attracts mandatory prior government sanction under Section 197 CrPC / Section 218 BNSS before any criminal prosecution can be instituted against them for official acts.
  • Applicability of Anti-Corruption Enactments: Subjects all covered officials to the disciplinary and penal provisions of the Prevention of Corruption Act, 1988 regarding bribery, illegal gratification, and abuse of official position.
Key Landmark Precedents:
  • State of Karnataka v. Vishwabharathi House Building Coop Society (2003) 2 SCC 412: The Supreme Court recognized that members of consumer fora perform vital sovereign and quasi-judicial functions, justifying their statutory status as public servants.
  • State of Gujarat v. Mansukhbhai Kanjibhai Shah (2020) 20 SCC 360: The Supreme Court held that the definition of 'public servant' must receive a purposive, expansive interpretation in anti-corruption jurisprudence to uphold probity in public institutions.
Courtroom Practice & Strategic Litigation Guidance:

Never attempt to lodge a private criminal complaint against a member or registrar of a consumer commission without obtaining prior statutory sanction from the appropriate government under Section 197 CrPC / Section 218 BNSS. Any complaint filed without sanction is liable to immediate dismissal.