BNS Section 255 – Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
The Indian Penal Code (IPC) Section – 217
Understanding BNS Section 255: Public Servant Disobeying Direction of Law to Save Person or Property
Public servants are entrusted with the responsibility of upholding the law and ensuring justice. However, when a public servant knowingly disobeys legal directions to save someone from punishment or property from forfeiture, it undermines the integrity of the legal system. Section 255 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 255 Say?
Section 255 deals with the act of a public servant knowingly disobeying legal directions with the intent to:
- Save a person from legal punishment or subject them to a lesser punishment, or
- Save property from forfeiture or any legal charge.
Here’s what the law states:
- Offense: If a public servant knowingly disobeys any legal direction regarding their conduct, intending to:
- Save someone from legal punishment or reduce their punishment, or
- Save property from forfeiture or any legal charge,
they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 2 years,
- A fine, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | A public servant knowingly disobeys legal directions to save a person from punishment or property from forfeiture. |
| Punishment | Up to 2 years in jail, a fine, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial can be conducted by any Magistrate. |
Why is This Law Important?
- Ensures Accountability of Public Servants: It holds public servants responsible for their actions and prevents misuse of power.
- Maintains Integrity of the Legal System: It ensures that legal processes are not compromised for personal or biased reasons.
- Protects Justice: It prevents individuals or property from being unlawfully saved from legal consequences.
Examples of Offenses Under Section 255
- Example 1: A police officer intentionally ignores a court order to arrest a person, knowing it will help them avoid punishment.
- Example 2: A tax officer disobeys legal directions to seize property liable for forfeiture, intending to save it from being confiscated.
- Example 3: A public official knowingly fails to follow legal procedures to reduce the punishment of a guilty person.
Conclusion
Section 255 of the BNS is a crucial provision to ensure that public servants act within the bounds of the law and do not misuse their authority. Knowingly disobeying legal directions to save a person from punishment or property from forfeiture is a serious offense. Always act responsibly and uphold the principles of justice.