BNS 201 : Public servant framing an incorrect document with intent to cause injury.

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Introduction of BNS 201

BNS 201 of the Bharatiya Nyaya Sanhita focuses on accountability of public servants who misuse their position by creating or translating false documents or electronic records with harmful intent. This section ensures that official records, whether physical or digital, maintain accuracy and integrity. If a public servant knowingly prepares an incorrect record to cause injury or damage, they can face imprisonment up to three years, a fine, or both. By covering both traditional documents and electronic records, the law also adapts to the digital era, preventing manipulation of data for personal gain or to harm others.

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The Bharatiya Nyaya Sanhita (BNS) Section 201 replaces the old Indian Penal Code (IPC) Section 166.

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What is BNS Section 201 ?

BNS Section 201 specifically punishes public servants who, while preparing or translating any document or electronic record, knowingly create an incorrect or false document with the intent to cause harm or injury to another person. This section holds public servants accountable for such dishonest actions, imposing severe penalties.

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Under Section 201 of the bns act 2023

If any public servant, while preparing or translating any document or electronic record,
knowingly makes it incorrect with the intention of causing injury to another person,
he shall be punished with:

• Imprisonment up to three years, or
• Fine, or
• Both.

1. Who can be punished?
   • Only a public servant is covered under this section.
   • A public servant includes officers, clerks, or anyone employed in a public duty who prepares or translates official documents or records.
2. Nature of the offence:
   • The act must be done knowingly → i.e., the public servant is aware that the document/record is incorrect.
   • There must be an intent to cause injury → harm may be financial, legal, reputational, or personal.
   • Mere mistakes or negligence without intent are not punishable under this section.
3. What documents are covered?
   • Physical documents → land/property records, court papers, revenue records, government registers, etc.
   • Electronic records → digital entries, online certificates, official translations in electronic form, e-governance documents, etc.
4. Purpose of the Law:
   • To maintain the integrity of public records.
   • To prevent public servants from abusing their official position by preparing false or misleading documents.

Illustrations of BNS Section 201

• Example 1:
  A revenue officer intentionally enters wrong ownership details in a land record to benefit “A,” knowing it will harm the rightful owner “B.”
  → The officer is guilty under Section 201.
• Example 2:
  A government translator alters the meaning of a legal order while translating it, with the aim of giving an advantage to one party in a case.
  → This is punishable under Section 201.
• Example 3:
  A clerk prepares a false birth certificate with wrong details, knowing it will cause harm to another person’s legal rights.
  → The clerk is guilty under Section 201.

Punishment under BNS Section 201

• Imprisonment: Up to 3 years.
• Fine: May also be imposed as per the court’s discretion.
• Both imprisonment and fine can be awarded in serious cases.

Legal Nature of the Offence

• Cognizable → Police can arrest without warrant.
• Bailable → The accused can obtain bail.
• Non-compoundable → Cannot be settled outside court.
• Triable by → Magistrate of the First Class.

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Section 201 BNS Overview

BNS Section 201 deals with public servants who, while being responsible for preparing or translating official documents or electronic records, knowingly create or translate those documents incorrectly with the intent to cause harm or injury. The section punishes such public servants with imprisonment, fines, or both, holding them accountable for using their position to harm others by manipulating official documents.

10 Key Points of BNS Section 201

1. Applies to Public Servants
   This section specifically targets public servants who are tasked with preparing or translating documents, ensuring they uphold the integrity of their responsibilities.
2. Intentional Incorrect Framing of Documents
   The section applies only when the public servant knowingly and intentionally frames or translates the document incorrectly. Mere mistakes or negligence without intent do not fall under this section.
3. Covers Both Physical and Electronic Records
   BNS Section 201 applies to both physical documents and electronic records, ensuring accountability in the digital realm as well.
4. Intent to Cause Injury
   For a public servant to be prosecuted under this section, the incorrect document or record must have been prepared with the intent to cause injury, harm, or damage to an individual or group.
5. Punishment: Imprisonment
   If found guilty under this section, a public servant can be sentenced to imprisonment for a term that may extend up to three years. The severity of the sentence depends on the extent of the injury caused by the incorrect document.
6. Punishment: Fine
   In addition to imprisonment, the guilty public servant may also be fined. The amount of the fine is determined by the court based on the severity and consequences of the false document.
7. Cognizable Offense
   This offense is categorized as cognizable, meaning the police have the authority to arrest the public servant without a warrant. It reflects the seriousness of the crime.
8. Bailable Offense
   Despite being a cognizable offense, it is bailable, which means the accused public servant has the right to seek bail and avoid detention while awaiting trial.
9. Non-Compoundable
   The offense is non-compoundable, meaning it cannot be settled outside of court between the parties. The case must proceed through the legal system.
10. Triable by Magistrate of First Class
    Cases under BNS Section 201 are handled by a Magistrate of the first class, reflecting the importance of the offense while ensuring due legal process.

Examples of BNS Section 201

1. Example 1: False Property Document
   A public servant responsible for preparing property records knowingly creates a false property document that misrepresents ownership. This causes financial harm to the rightful owner, who later files a complaint. The public servant is prosecuted under BNS Section 201 for intentionally framing a false document with the intent to cause harm.
2. Example 2: Incorrect Translation of Legal Records
   A government translator, responsible for translating a legal document from one language to another, intentionally alters the content to benefit a particular party in a legal dispute. The translation causes injury to the opposing party. The public servant is charged under Section 201 for knowingly translating the document incorrectly with harmful intent.

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BNS 201 Punishment

1. Imprisonment
   A public servant found guilty under this section may face imprisonment for up to three years. The length of the sentence depends on the severity of the damage caused by the incorrect document.
2. Fine
   In addition to or instead of imprisonment, the guilty public servant may also be fined. The amount of the fine is determined based on the nature and extent of the harm caused by the false document.

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BNS 201 bailable or not ?

BNS Section 201 is bailable, meaning that the accused has the right to secure bail and avoid detention while awaiting trial.

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Comparison Table: BNS Section 201 vs IPC Section 166

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BNS Section 201 FAQs

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Conclusion

BNS Section 201 is a significant reform that strengthens accountability in public service. Unlike IPC Section 166, which broadly covered disobedience of law, Section 201 is more specific and modernized, directly targeting false documentation and manipulation of electronic records. By criminalizing such acts, the law safeguards individuals from harm caused by dishonest officials and ensures that government records remain authentic and trustworthy. This provision reflects India’s evolving need for transparency, fairness, and integrity in both physical and digital governance.

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