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.

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Introduction of BNS Section 257

257 BNS deals with judicial misconduct by public servants such as judges, magistrates, or officers engaged in legal proceedings. It punishes those who knowingly and dishonestly issue reports, verdicts, or decisions contrary to law, motivated by corruption or malicious intent. This section aims to protect the integrity of the judicial system and ensure that public servants in positions of authority act fairly, honestly, and without bias.

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The Bharatiya Nyaya Sanhita (BNS) Section 257 replaces the old Indian Penal Code (IPC) Section 219.

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What is BNS Section 257 ?

BNS Section 257 addresses misconduct by public servants, particularly those involved in judicial proceedings, who deliberately make or pronounce any report, order, verdict, or decision that they know to be against the law. This section is designed to prevent the abuse of judicial power and to ensure that public servants act with integrity and fairness in legal matters.

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Under Section 257 of the bns act 2023

If a public servant engaged in a judicial proceeding knowingly and corruptly makes any report, order, verdict, or decision contrary to law, he shall be punished with imprisonment up to seven years, or fine, or both.

1. Meaning of “Public Servant Acting Corruptly in Judicial Proceedings”

• This section targets public servants like judges, magistrates, prosecutors, or court officials involved in judicial cases.
• It applies when such a person knowingly makes a false or unlawful report, order, or decision.
• The act must be deliberate and motivated by corruption, malice, or improper gain.
• Honest mistakes or errors in judgment are not punishable under this section.

2. Who is Covered?

This section applies to:

• Judges and Magistrates → Delivering biased or unlawful verdicts knowingly.
• Court Clerks and Prosecutors → Preparing false records or reports.
• Other Public Servants → Any official participating in judicial proceedings who knowingly acts contrary to law.

3. Nature of the Offence

• Non-Cognizable → Police cannot arrest without prior approval of the court.
• Bailable → The accused has the right to seek bail.
• Non-Compoundable → The case cannot be privately settled; it must proceed in court.
• Triable by Magistrate of the First Class → Ensures accountability under judicial authority.

4. Examples of BNS Section 257

• Example 1 – Corrupt Judge: A judge knowingly acquits a guilty accused after receiving a bribe. → Punishable under BNS 257.
• Example 2 – False Report: A prosecutor deliberately submits a false report to shield a politician from conviction. → Covered under this section.
• Example 3 – No Liability: A magistrate makes a legal error in good faith without corrupt intent. → Not punishable under this section.

5. Punishment under BNS Section 257

• Imprisonment → Up to 7 years.
• Fine → May also be imposed.
• Both → In serious cases, the court can award both imprisonment and fine.

6. Importance of BNS Section 257

• Ensures judicial accountability by punishing corrupt decisions.
• Maintains public trust in the justice system.
• Prevents abuse of power by judges and officials.
• Reinforces the principle that justice must be impartial and free from corruption.

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Section 257 BNS Overview

BNS Section 257 deals with misconduct by public servants, particularly those involved in judicial proceedings, who deliberately and corruptly make reports, orders, verdicts, or decisions that they know are against the law. This section ensures that public servants, like judges or magistrates, uphold the law with integrity, and it penalizes those who misuse their authority for corrupt or malicious purposes.

Detailed Explanation: 10 Key Points of BNS Section 257

1. Applicability to Judicial Proceedings
   • This section specifically targets public servants involved in judicial proceedings, like judges, magistrates, or other officials with decision-making power.
   • It includes any stage of judicial proceedings, ensuring accountability at all levels.
2. Corrupt or Malicious Intent
   • The section applies only if the public servant acts with corrupt or malicious intent.
   • Corrupt intent refers to taking bribes or acting for personal gain.
   • Malicious intent refers to acting with a desire to harm someone or with spite.
   • Example: A judge accepts a bribe to deliver a favorable verdict even though the evidence clearly points to the defendant’s guilt.
3. Knowingly Contrary to Law
   • The public servant must be aware that their report, order, verdict, or decision is against the law.
   • This clause does not apply to honest mistakes or errors in judgment.
   • Example: A magistrate deliberately ignores legal provisions to acquit a high-profile criminal due to political pressure.
4. Forms of Misconduct Covered
   • This section covers any form of judicial misconduct, including making false reports, issuing unlawful orders, or giving biased verdicts.
   • It aims to protect the integrity of the legal system from corrupt officials.
   • Example: A court clerk manipulates records to influence the outcome of a case, knowing it will result in an illegal decision.
5. Punishment for Violation
   • The punishment for violating BNS Section 257 can include:
     • Imprisonment for up to 7 years.
     • A fine.
     • Both imprisonment and a fine, depending on the severity of the act.
6. Legal Classification
   • Non-Cognizable Offence: Police cannot arrest without a warrant; requires a court order to investigate.
   • Bailable Offence: The accused has the right to apply for bail and can be released upon furnishing bail.
   • Non-Compoundable: The offence cannot be settled privately between the parties; legal proceedings must be carried out.
7. Trial by Magistrate of the First Class
   • The offence under this section is triable by a Magistrate of the first class, ensuring that cases are handled by an experienced judicial authority.
   • Example: An officer who corruptly alters the outcome of a trial can be brought before a magistrate for trial.
8. Protection Against Judicial Misconduct
   • The section serves as a deterrent against corruption in the judicial system, ensuring that public servants uphold the law.
   • It promotes fairness, transparency, and integrity in judicial proceedings.
9. Impact on Public Trust
   • Misuse of judicial power erodes public trust in the legal system.
   • This section reinforces accountability, ensuring that officials act in accordance with the law.
10. Exceptions and Limitations
    • The section does not apply to decisions made in good faith or unintentional errors.
    • It focuses solely on deliberate, knowing acts of misconduct with malicious or corrupt motives.

Example 1: Corrupt Judgment by a Judge

A judge presiding over a high-profile corruption case is offered a substantial bribe by one of the accused parties. Despite having clear evidence of the accused’s guilt, the judge knowingly issues a verdict of ‘not guilty’ in exchange for the bribe. The judge’s decision is clearly against the law and the facts presented during the trial. In this scenario, the judge is guilty under BNS Section 2257 for corruptly pronouncing a judicial decision that he knows to be contrary to the law. The judge can be punished with up to 7 years of imprisonment, a fine, or both.

Example 2: Fabricated Report by a Court Officer

A public prosecutor, who is part of a judicial proceeding, deliberately submits a false report to the court to protect a powerful political figure from being convicted. The prosecutor does this despite knowing that the report is incorrect and that it goes against the actual evidence gathered during the investigation. This act is intended to mislead the court and obstruct justice. In this case, the public prosecutor would be liable under BNS Section 2257 for corruptly making a report in a judicial proceeding that is contrary to law. The prosecutor may face a punishment of up to 7 years in prison, a fine, or both.

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BNS 257 Punishment

Imprisonment: The punishment for violating BNS Section 2257 can extend up to 7 years.

Fine: The offender may also be liable to pay a fine.

Both: The court may impose both imprisonment and a fine, depending on the severity of the misconduct.

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BNS 257 bailable or not ?

Bailable: Yes, offences under BNS Section 257 are bailable. This means that the accused has the right to seek bail and can be released from custody by furnishing a bail bond.

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Comparison Table: BNS 257 vs IPC 219

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BNS Section 257 FAQs

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Conclusion

BNS Section 257 is a safeguard against corruption in the justice system. By punishing public servants who knowingly make unlawful judicial decisions, the law ensures accountability and fairness. It strengthens public trust by making sure that judgments, orders, and reports reflect the rule of law rather than personal gain or bias.

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Finished with BNS 257 ? 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 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/
• BNS 261 : Person Escape from confinement or custody negligently suffered by public servant.
• https://marriagesolution.in/bns_section/bns-261/
• 262 BNS : Resistance or obstruction by a person to his lawful apprehension
• https://marriagesolution.in/bns_section/262-bns/

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

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