Section 256 of BNS : Section 256: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
The Bharatiya Nyaya Sanhita, 2023
Bare Act
- ARRANGEMENT OF SECTIONS
- CHAPTER XIV: OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Simplified Act
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If a public servant (someone who works for the government) is responsible for creating any official record or document, and they make that record or document incorrect on purpose, knowing it is wrong, they can be punished.
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This applies if they do it with the intention to:
- Cause harm or loss to the public or any person.
- Hel...
Explanation using Example
Example 1:
Ravi is a government clerk responsible for maintaining land records in a rural district. His friend, Suresh, is facing legal action for illegally occupying government land. To help Suresh avoid punishment, Ravi deliberately alters the land records to show that the land belongs to Suresh's family. This act of falsifying official records to save Suresh from legal consequences falls under Section 256 of The Bharatiya Nyaya Sanhita 2023. Ravi, being a public servant, knowingly framed an incorrect record with the intent to save Suresh from punishment, making him liable for imprisonment or a fine.
Example 2:
Priya is a police officer in charge of preparing investigation reports. During an investigation, she discovers that her cousin, Anil, is involved in a theft case. To protect Anil from being prosecuted, Priya intentionally writes a false report stating that Anil was not present at the crime scene. By doing so, she aims to save Anil from legal punishment. This act of creating an incorrect official document to protect a person from punishment is a violation of Section 256 of The Bharatiya Nyaya Sanhita 2023. Priya, as a public servant, knowingly framed an incorrect writing with the intent to save Anil, making her subject to imprisonment or a fine.
Example 3:
Sunita is a tax officer responsible for auditing financial records of businesses. During an audit, she finds that a company owned by her friend, Rajesh, has committed tax evasion. To prevent Rajesh's property from being seized by the go...