Section 37 of AFT Act 2007 - Members and Staff of Tribunal to be Public Servants
Section 37 of the Armed Forces Tribunal Act, 2007 declares that the Chairperson, other Members, and the officers and other employees provided to the Tribunal under Section 13 are deemed to be public servants for the penal-law purpose stated in the section.
Updated: September 7, 2026
Section 37 - Members and staff of Tribunal to be public servants
Statutory text: The Chairperson, other Members and the officers and other employees provided under Section 13 to the Tribunal shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860.
Who is covered by Section 37?
| Category | Status under Section 37 |
|---|---|
| Chairperson of the Tribunal | Deemed to be a public servant. |
| Other Members of the Tribunal | Deemed to be public servants. |
| Officers provided under Section 13 | Deemed to be public servants. |
| Other employees provided under Section 13 | Deemed to be public servants. |
What does Section 13 provide?
Section 13 of the Armed Forces Tribunal Act, 2007 concerns the staff of the Tribunal. Section 37 specifically refers to officers and other employees provided under that section, thereby connecting their statutory status as public servants to their service in the Tribunal.
Meaning of "public servant" under the original statutory reference
Section 37 expressly refers to Section 21 of the Indian Penal Code, 1860. IPC Section 21 contained the statutory definition of "public servant" and listed the categories of persons treated as public servants for purposes of the Penal Code.
Current position after the Bharatiya Nyaya Sanhita, 2023
The published text of Section 37 continues to refer to IPC Section 21. The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code with effect from July 1, 2024, subject to the repeal-and-savings provision in Section 358 of the BNS.
Under the current BNS, the definition of "public servant" appears in Section 2(28). It includes, among other categories, commissioned officers of the Army, Navy or Air Force, Judges and persons empowered by law to discharge adjudicatory functions, officers of a Court of Justice whose duties include investigation, reporting, record-keeping or execution of judicial process, and other categories specified in that definition.
Legal effect of the deeming provision
By expressly deeming the specified Tribunal functionaries to be public servants, Section 37 places their official status within the public-servant framework contemplated by the penal law. The exact legal consequence in any particular matter depends on the substantive provision being invoked, the date of the conduct, and the applicable repeal-and-savings rules.
Relationship with Section 36 and Section 38
Section 36 declares proceedings before the Tribunal to be judicial proceedings for the penal-law provisions specified there. Section 38 separately provides protection in respect of acts done or intended to be done in good faith under the Act.
Official legal resources
- India Code - Armed Forces Tribunal Act, 2007
- India Code - Indian Penal Code, 1860
- India Code - Bharatiya Nyaya Sanhita, 2023 PDF
- Armed Forces Tribunal - Acts and Rules
Related AFT Act provisions
See Section 36 - Proceedings before Tribunal to be judicial proceedings, Section 38 - Protection of action taken in good faith, and Section 39 - Act to have overriding effect. The wider statutory structure is available on the Armed Forces Tribunal Act, 2007 page.
This page is an informational presentation of Section 37. For conduct occurring before or after July 1, 2024, the applicable penal-law provisions should be considered with reference to the BNS, the repeal-and-savings clause, and any binding judicial interpretation.