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Section 26: Officers to be public servants

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2007
Section 25 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 27

Legal Commentary & Landmark Judgments: Section 26

Section 26 declares every officer or authority exercising functions under the Act to be a public servant within the meaning of Section 21 of the Indian Penal Code.

  • Public Servant Designation: Every officer or staff member exercising functions under this Act shall be deemed to be a public servant within the meaning of Section 21 IPC (Section 2(28) BNS, 2023).
  • Penal Protection Against Obstruction: Assault, obstruction, or threat caused to an SDM, Conciliation Officer, or Maintenance Officer during proceedings attracts Section 353 and 186 IPC (Sections 121 and 221 BNS, 2023).
  • Official Accountability: Brings officers within the preview of criminal liability for corruption or abuse of official authority.
Key Landmark Precedents:
  • State of Gujarat v. Mansukhbhai Kanjibhai Shah (2020) 20 SCC 360: The Supreme Court affirmed that the statutory designation of functionaries as public servants reinforces public trust and institutional authority.
  • Sunny Paul v. State (NCT of Delhi) 2018 SCC OnLine Del 11640: Held that officers executing eviction or maintenance orders carry sovereign authority under Section 26 and are entitled to full police protection.
Courtroom Practice & Strategic Litigation Guidance:

If an abusive child or relative physically threatens or obstructs a Maintenance Officer or bailiff executing an eviction order under the Act, immediately move the SDM to register a criminal complaint for obstructing a public servant under Section 186/353 IPC / Section 221/121 BNS.

Section 25 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 27