Introduction of BNS 255
BNS 255 addresses misconduct by public servants who knowingly disobey legal instructions with the intention of protecting someone from legal punishment or preventing the forfeiture of property. This section is aimed at ensuring public officials act with integrity and do not misuse their authority to shield others from justice. It serves as a deterrent against corruption and abuse of power by holding public servants accountable for intentionally ignoring legal duties to benefit others.
The Bharatiya Nyaya Sanhita (BNS) Section 255 replaces the old Indian Penal Code (IPC) Section 217.
- Introduction of BNS 255
- What is BNS Section 255 ?
- BNS 255 in Simple Points
- Section 255 BNS Overview
- BNS 255 Punishment
- BNS 255 bailable or not ?
- Bharatiya Nyaya Sanhita Section 255
- BNS Section 255 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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.
BNS 255 in Simple Points
- Targeting Public Servants:
- This section specifically applies to public servants (like police officers, government officials, etc.) who are expected to follow legal procedures while carrying out their duties.
- If a public servant deliberately disobeys legal directions with the intention to protect someone or property, they are liable under this section.
- Intent to Protect a Person from Punishment:
- The law is strict on public servants who knowingly break the rules to save a person from facing the legal consequences of their actions. This includes reducing the punishment someone might receive by not following proper legal procedures.
- Example: If a police officer tampers with evidence to ensure a suspect gets a lighter sentence, this act falls under BNS Section 255.
- Preventing Property from Forfeiture:
- This section also covers cases where a public servant disobeys legal directions to prevent property from being seized by the authorities. This usually happens in cases where properties are involved in criminal activities or are liable for forfeiture under the law.
- Example: A government official might unlawfully delay the seizure of assets belonging to someone under investigation, thereby saving the property from forfeiture.
- Punishment under BNS Section 255:
- A public servant found guilty under this section can face imprisonment for up to 2 years, or a fine, or both. The severity of the punishment reflects the seriousness of abusing a public position for personal gain or to protect someone else.
- The punishment is designed to deter public servants from misusing their authority.
- Legal Classification:
- Bailable: The accused can apply for bail after being arrested.
- Non-cognizable: Police cannot arrest without a warrant.
- Non-compoundable: The case cannot be settled out of court.
- Triable by any Magistrate: The case can be heard by any magistrate’s court, giving flexibility in handling such cases.
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.
Bharatiya Nyaya Sanhita Section 255
BNS Section | Offence | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial by |
---|---|---|---|---|---|
255 | Public servant disobeying law to save a person from punishment or protect property from forfeiture | Imprisonment up to 2 years, or fine, or both | Bailable | Non-cognizable | Any Magistrate |
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.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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