Chapter VIII - Miscellaneous
Section 95
Section 95: Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants
Specified Consumer Commissions, CCPA officeholders and persons performing duties under the Act are deemed public servants while acting or purporting to act under it.
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Need advice on Section 95?
This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The Presidents and members of the District Commission, the State Commission and the National Commission, and officers and other employees thereof, the Chief Commissioner and the Commissioner of the Central Authority, the Director General, the Additional Director General, the Director, the Joint Director, the Deputy Director and the Assistant Director and all other officers and employees of the Central Authority and other persons performing any duty under this Act, while acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Key takeaways
Statutory scope
Specified Consumer Commissions, CCPA officeholders and persons performing duties under the Act are deemed public servants while acting or purporting to act under it.
Key limit
The deeming provision is tied to the listed public functions.
Practical response
Verify an officer’s identity and statutory role, keep a formal record of interactions, and route suspected misconduct through the proper channel.
Apply the statutory test
The person’s role and the function being performed should be documented before invoking this deeming rule.
Prepare the response
Verify an officer’s identity and statutory role, keep a formal record of interactions, and route suspected misconduct through the proper channel.
This provision does not make every employee of a regulated business a public servant.
Illustrative example
During a CCPA inspection, a company records the authorised officers and documents exchanged because they are exercising statutory duties.
Official sources
Practical checklist
Do
- Verify an officer’s identity and statutory role, keep a formal record of interactions, and route suspected misconduct through the proper channel.
- Keep dated records of the relevant goods, notices, decisions and official communications.
Avoid
- This provision does not make every employee of a regulated business a public servant.
Glossary
- Public servant
- A person treated as such by this section for the referenced Penal Code definition while performing Act duties.
Frequently asked questions
When does public-servant status apply?
For the listed people, it applies while acting or purporting to act under the Consumer Protection Act.
Does it cover a trader’s staff?
No. Being regulated by the Act does not itself place private staff in the listed statutory roles.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026