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Introduction of BNS Section 257

Purpose: This section aims to maintain the integrity of the judicial process by penalizing public servants who act corruptly or with malicious intent in judicial proceedings.

Scope: It applies to public servants such as judges, magistrates, or any government officials involved in making legal decisions.

Intent: The focus is on those who knowingly issue orders or decisions that are contrary to the law, motivated by corruption or malicious intent.


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



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.


BNS 257 in Simple Points

  1. Corrupt Intent in Judicial Proceedings
    • Explanation: This section applies to public servants involved in judicial proceedings who act with corrupt intent. For example, if a judge knowingly issues a verdict that is legally incorrect to benefit a particular party, that judge can be held accountable under this section.
    • Detail: The focus is on the intent behind the act. If a public servant acts out of corruption or malice, intending to subvert justice, they can face severe penalties. It is not limited to judges alone but applies to any public servant involved in the judicial process, like court clerks or magistrates, who may manipulate records, reports, or decisions.
  2. Knowingly Making Decisions Contrary to Law
    • Explanation: The section targets actions where the public servant is fully aware that their report, decision, or order is against the law but still proceeds due to corrupt motives.
    • Detail: This means that the public servant must have clear knowledge that their actions are illegal. For example, if a magistrate issues an order favoring a defendant due to a bribe, even when the evidence suggests otherwise, they are knowingly acting contrary to legal standards.
  3. Punishment for Misconduct
    • Explanation: The punishment under BNS Section 257 includes imprisonment for up to 7 years, or a fine, or both. This significant penalty reflects the seriousness of corrupt judicial conduct.
    • Detail: The aim is to deter public servants from engaging in corrupt practices within the judicial system. The threat of up to 7 years of imprisonment serves as a strong deterrent, emphasizing the importance of maintaining integrity in legal proceedings.
  4. Legal Classification: Non-Cognizable and Bailable
    • Explanation: The offence under this section is classified as non-cognizable, meaning that the police cannot arrest the accused without a warrant. It is also bailable, allowing the accused to apply for bail.
    • Detail: Since the offence is non-cognizable, it requires a court order for any investigation or arrest, reflecting the seriousness and the procedural safeguards in place. However, being a bailable offence, the accused has the right to bail, which balances the rights of the accused while still ensuring accountability.
  5. Judicial Accountability and Integrity
    • Explanation: This section underscores the importance of accountability among public servants in the judicial system. It ensures that those in positions of power cannot misuse their authority without facing legal consequences.
    • Detail: By holding public servants to high standards, BNS Section 2257 aims to protect the legal system from corruption. It reinforces the idea that justice should be impartial and free from personal interests. For example, a judge who favors one party due to personal connections or bribes will face legal consequences, thereby promoting fair judicial processes.

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.


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.


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.


Bharatiya Nyaya Sanhita Section 257

AspectDetails
OffencePublic servant corruptly making a report, order, verdict, or decision contrary to law
PunishmentImprisonment up to 7 years, or fine, or both
Bailable/Non-BailableBailable
Cognizable/Non-CognizableNon-Cognizable
Trial ByMagistrate of the first class
Bharatiya Nyaya Sanhita Section 257

BNS Section 257 FAQs

What does BNS Section 257 cover?

Who can be charged under BNS Section 257?

What is the maximum punishment under this section?

Is the offence under BNS Section 257 bailable?

Yes, it is a bailable offence, which means the accused can seek bail.

What is the aim of BNS Section 257?


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