Introduction of BNS 255
BNS 255 punishes public servants who knowingly disobey legal directions to protect someone from punishment or to prevent the forfeiture of property. The provision targets abuse of official power — whether by delaying legal steps, concealing facts or refusing to act — when the intent is to shield another from lawful consequences. By holding officials accountable, Section 255 strengthens institutional integrity and deters corruption.
The Bharatiya Nyaya Sanhita (BNS) Section 255 replaces the old Indian Penal Code (IPC) Section 217.
What is BNS Section 255 ?
BNS Section 255 deals with public servants who intentionally disobey the law in order to protect someone from legal punishment or to prevent property from being seized or forfeited. This section aims to ensure that public officials uphold their duties with integrity and do not misuse their power to save individuals from justice or to protect property unlawfully.
Under Section 255 of the bns act 2023
“Whoever, being a public servant, knowingly disobeys any direction of law as to the way in which they are to conduct themselves as such public servant, intending thereby to save, or knowing it to be likely that they will thereby save, any person from legal punishment, or any property from forfeiture, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
1. Meaning of Disobeying the Law by a Public Servant
- This section applies only to public servants such as police officers, revenue officials, tax officers, magistrates, etc.
- It covers cases where such an official knowingly ignores, violates, or disobeys legal rules or directions.
- The intention behind the disobedience must be:
- To save a person from legal punishment, OR
- To prevent property from lawful forfeiture.
- Mistakes or negligence are not punishable here — the act must be deliberate and intentional.
2. Who is Covered?
This section applies to:
- Public servants in any government department, local body, or public authority.
- Officials who intentionally use their power to shield someone from facing justice.
- Public servants who stop property from being confiscated or seized when it should legally be forfeited.
3. Nature of the Offence
- Non-Cognizable → Police cannot arrest without prior approval/warrant from the Magistrate.
- Bailable → The accused has the right to apply for bail.
- Non-Compoundable → The case cannot be privately settled; it must go through the legal system.
- Triable by Any Magistrate → The trial can be conducted by any Magistrate’s court.
4. Examples of BNS Section 255
- Example 1 – Police Officer Protecting a Criminal
A police officer deliberately destroys evidence to protect a known criminal from punishment. → He is guilty under Section 255. - Example 2 – Government Official Saving Property
A revenue officer refuses to execute a lawful order to seize property gained through illegal activities. → He can be punished under this section. - Example 3 – Judge Misusing Authority
A judge knowingly disobeys sentencing directions to ensure a relative gets a lighter punishment. → Covered under this section.
5. Punishment under BNS Section 255
- Imprisonment → Up to 2 years.
- Fine → Court may impose a fine.
- Both → In serious cases, imprisonment and fine together.
6. Importance of BNS Section 255
- Promotes accountability among public servants.
- Prevents misuse of authority by those in power.
- Protects citizens from corruption and ensures equality before the law.
- Reinforces public trust in the justice system by punishing officials who abuse power.
Section 255 BNS Overview
BNS Section 255 deals with the misconduct of public servants who knowingly disobey legal directions to save a person from legal punishment or to protect property from lawful forfeiture. This section aims to ensure that public officials adhere to their legal duties and do not misuse their authority for personal or others’ gain. If a public servant intentionally acts against the law to shield someone from punishment or prevent the legal seizure of property, they can be punished with imprisonment for up to two years, a fine, or both.
10 Key Points Explained in Detail for BNS Section 255
- Applicability to Public Servants Only:
- BNS Section 255 specifically targets public servants. This includes any government official or employee who has legal authority and duties to perform in their official capacity.
- Example: A police officer refusing to carry out a lawful arrest warrant to protect a friend from legal consequences would fall under this section.
- Intentional Disobedience of Legal Directions:
- The offence under this section requires that the public servant knowingly disobeys a legal direction. It is not about mistakes or negligence but a deliberate act of ignoring the law.
- Example: A tax officer intentionally ignoring a court order to seize the assets of a person involved in tax evasion to protect that person from financial loss.
- Saving Someone from Legal Punishment:
- The primary intent behind the public servant’s actions should be to save a person from being punished by the law. This means the public servant uses their position to shield someone from legal consequences.
- Example: A judge unlawfully reducing the sentence of a convict due to personal connections.
- Preventing Property Forfeiture:
- The section also covers cases where a public servant disobeys the law to prevent the forfeiture of property that is legally liable to be seized.
- Example: A customs officer preventing the confiscation of smuggled goods to benefit the smuggler.
- Punishment – Imprisonment, Fine, or Both:
- The offence is punishable with imprisonment for a term that can extend up to two years. Alternatively, the court may impose a fine or both imprisonment and fine, depending on the severity of the misconduct.
- Non-Cognizable Offence:
- BNS Section 255 is classified as a non-cognizable offence. This means that the police cannot arrest the public servant without a warrant, ensuring a legal process before any arrest is made.
- This classification is meant to protect public servants from arbitrary arrests while still holding them accountable.
- Bailable Offence:
- The offence under this section is bailable, which means the accused public servant has the right to seek bail and avoid detention during the trial.
- Bail ensures that the public servant can prepare a defense without being in custody.
- Triable by Any Magistrate:
- Cases falling under BNS Section 255 can be tried by any magistrate, providing flexibility in the judicial process and ensuring that cases can be handled promptly.
- This also means that cases can be tried in both lower and higher courts depending on the circumstances.
- Non-Compoundable Offence:
- The offence under this section is non-compoundable, meaning that the parties involved cannot settle the matter out of court. The case must go through the full legal process, ensuring accountability.
- This is crucial to prevent misuse of power by public servants who might otherwise negotiate settlements to escape punishment.
- Focus on Integrity and Accountability:
- BNS Section 255 emphasizes the importance of integrity among public servants. It acts as a deterrent against corruption and abuse of power, ensuring that public officials adhere strictly to their legal duties.
- It promotes transparency and accountability within government functions, discouraging public servants from using their positions for unethical purposes.
2 Examples of BNS Section 255
- Police Officer Protecting a Criminal:
- A police officer intentionally delays filing a charge sheet against a known criminal, allowing them to evade stricter punishment. This deliberate act of disobedience to protect the criminal would fall under BNS Section 255.
- Government Official Saving Property from Forfeiture:
- A revenue officer, knowing that a particular property is liable for government seizure due to unpaid taxes, purposely fails to act on the legal directive to forfeit the property. This intentional omission is punishable under BNS Section 255.
BNS 255 Punishment
A public servant found guilty under BNS Section 255 may face:
- Imprisonment for up to 2 years, or
- A fine, or
- Both imprisonment and a fine.
BNS 255 bailable or not ?
BNS Section 255 is a bailable offence, meaning that if someone is charged under this section, they have the right to apply for bail.
Comparison : BNS 255 vs IPC 217
| Section | What it Means | Punishment | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 255 | Applies to public servants who knowingly disobey the law to protect a person from punishment or prevent lawful forfeiture of property. Ensures accountability of government officials. | Imprisonment up to 2 years, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 217 (Old) | Punished any public servant who intentionally disobeyed legal duty to protect a person or property from punishment or forfeiture. Formed the basis for BNS 255. | Imprisonment up to 2 years, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
| Key Difference: BNS 255 retains the same legal intent as IPC 217 but simplifies wording and aligns with the modern structure of the Bharatiya Nyaya Sanhita, emphasizing accountability of public officials. | |||||
BNS Section 255 FAQs
What does BNS Section 255 cover?
It covers public servants who disobey the law with the intent to protect someone from legal punishment or to prevent the forfeiture of property.
What is the punishment under this section?
The punishment can include imprisonment for up to 2 years, or a fine, or both.
Is an offence under BNS Section 255 bailable?
Yes, it is a bailable offence, meaning the accused can seek bail.
Who can try cases under BNS Section 255?
The offence is triable by any Magistrate, giving flexibility in handling the case.
Conclusion
BNS 255 underscores that public office carries duty and not privilege. Officials who intentionally flout legal directions to favour another — whether to avoid punishment or protect property — face criminal consequences. The provision deters corruption, preserves faith in public institutions, and reinforces that misuse of authority to obstruct justice will be punished.
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Finished with BNS 255 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 256 : Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
- https://marriagesolution.in/bns_section/bns-256/
- 257 BNS :Public servant involved in a judicial case makes a report, statement, or decision dishonestly and against the law, it is a crime under this section.
- https://marriagesolution.in/bns_section/257-bns/
- BNS 258 : Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
- https://marriagesolution.in/bns_section/bns-258/
- 259 BNS :Intentional omission to apprehend on the part of public servant bound to apprehend.
- https://marriagesolution.in/bns_section/259-bns/
- BNS 260 : Intentional failure of a public servant to apprehend a person under sentence or lawfully committed.
- https://marriagesolution.in/bns_section/bns-260/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list