BNS Section 256 – Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
The Indian Penal Code (IPC) Section – 218
Understanding BNS Section 256: Public Servant Framing Incorrect Record or Writing
Public servants are entrusted with the responsibility of maintaining accurate records and upholding the law. However, when a public servant intentionally prepares incorrect records or writings to save someone from punishment or property from forfeiture, it undermines the integrity of the legal system. Section 256 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 256 Say?
Section 256 deals with the act of a public servant intentionally preparing incorrect records or writings with the intent to:
- Cause loss or injury to the public or any person,
- Save someone from legal punishment, or
- Save property from forfeiture or any legal charge.
Here’s what the law states:
- Offense: If a public servant, who is responsible for preparing records or writings, intentionally frames an incorrect record or writing:
- With the intent to cause loss or injury to the public or any person, or
- To save someone from legal punishment, or
- To save property from forfeiture or any legal charge,
they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 3 years,
- A fine, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | A public servant intentionally prepares incorrect records or writings to save a person from punishment or property from forfeiture. |
| Punishment | Up to 3 years in jail, a fine, or both. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial is conducted by a Magistrate of the first class. |
Why is This Law Important?
- Ensures Accountability of Public Servants: It holds public servants responsible for maintaining accurate and truthful records.
- Maintains Integrity of the Legal System: It prevents the misuse of authority to manipulate legal outcomes.
- Protects Public Interest: It safeguards the public and individuals from harm caused by fraudulent records or writings.
Examples of Offenses Under Section 256
- Example 1: A police officer intentionally prepares a false report to save a suspect from being charged with a crime.
- Example 2: A tax officer manipulates records to prevent property from being forfeited for non-payment of taxes.
- Example 3: A public official falsifies documents to reduce the punishment of a convicted person.
Conclusion
Section 256 of the BNS is a vital provision to ensure that public servants act honestly and maintain the integrity of official records. Intentionally preparing incorrect records or writings to save a person from punishment or property from forfeiture is a serious offense. Always act responsibly and uphold the principles of justice.
If you have any questions or need further clarification, feel free to reach out to a legal professional. Stay informed, stay lawful!
