Ipc 409 -- for lecturer

satish (Querist) 25 May 2013 This query is : Resolved
hi experts ,

does lecturer of a private non-aided engineering college be called as public servant ? he is not permanent and also Mumbai university to which the college is affiliated
has not appointed him .
he also is not UGC approved.

yearly basis his term is extended and he is kept against SC/ST seat after UGC interview .

police have chargesheeted him and applied IPC 409 , just for assisting his senior in setting exam paper.which got leaked afterwards.

pleadse guide.

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Raj Kumar Makkad (Expert) 25 May 2013
Section 409 is not attracted in the given case but certainly such person should be prosecuted under section 420 IPC

Advocate Ravinder (Expert) 26 May 2013
Yes, I agree with Makkad sir, but to my knowledge, 409, 120B and 420 collectively will apply.

Raj Kumar Makkad (Expert) 26 May 2013
It depends upon the facts mentioned in the complaint, what sections are appropriate in the given matter.

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