Introduction of BNS Section 256
BNS 256 criminalises the deliberate falsification or framing of official records by a public servant when done to protect a person from punishment or to prevent lawful forfeiture of property. By targeting intentional tampering of official documents, the provision preserves the integrity of public records and deters officials from abusing their position to shield wrongdoing. The section applies where the public servant knowingly makes or causes inaccurate entries, with penalties designed to restore public confidence in administration.
The Bharatiya Nyaya Sanhita (BNS) Section 256 replaces the old Indian Penal Code (IPC) Section 218.
What is BNS Section 256 ?
BNS Section 256 specifies that any public servant, who is responsible for preparing official records or documents, and intentionally makes them incorrect with the intent to:
- Save a person from legal punishment or reduce their punishment.
- Save property from being seized or forfeited as per the law.
If a public servant knowingly performs such actions, they can be held accountable under this section.
Under Section 256 of the bns act 2023
“Whoever, being a public servant, knowingly makes any incorrect record or writing with intent to save any person from legal punishment or to save any property from forfeiture, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.”
1. Meaning
Section 256 targets public servants who intentionally create, alter or frame official records or documents so as to help someone avoid punishment or prevent property from being lawfully seized.
2. Elements (What the prosecution must prove)
- The accused is a public servant.
- The public servant framed, made, altered or recorded an incorrect or false document or entry.
- The act was done knowingly (awareness that the entry was false).
- The object/intent was to save a person from punishment or save property from forfeiture.
3. Nature of the offence
- Cognizable — police may investigate and arrest under proper procedure.
- Bailable — accused may apply for bail.
- Non-compoundable — cannot be privately settled.
- Triable by a Magistrate of the first class.
4. Punishment
- Imprisonment — up to 3 years, or
- Fine, or
- Both, depending on facts and gravity.
5. Examples
- A police officer alters an FIR or report to remove a suspect’s name so that the person avoids prosecution.
- A land registry official falsifies entries to show a property belongs to someone else, preventing government forfeiture.
In each case the public servant acted knowingly to protect a person or property.
6. Importance
This provision upholds the reliability of official records and deters corruption by ensuring that public servants cannot use paperwork to subvert justice or privilege property unlawfully.
Section 256 BNS Overview
Public Servant Framing Incorrect Record or Writing with Intent to Save Person from Punishment or Property from Forfeiture
BNS Section 256 addresses the serious misconduct of public servants who intentionally create false or incorrect records or documents to shield someone from legal consequences or protect property from being seized. It is designed to prevent the abuse of official authority and ensure accountability within public services.
Detailed Explanation of BNS Section 256: 10 Key Points
- Applicability to Public Servants
- This section is specifically aimed at public servants who are responsible for creating or maintaining official records or documents.
- The term “public servant” includes government officials, police officers, revenue officers, and others entrusted with official duties.
- Example: A police officer responsible for maintaining criminal records alters the details to protect a suspect.
- Framing Incorrect Records
- The offence under this section involves the intentional creation of incorrect or false records.
- The public servant knowingly manipulates the content of the documents, making them inaccurate on purpose.
- Example: A tax officer manipulates audit reports to show that a business has paid all its dues when it hasn’t.
- Intent to Save a Person from Punishment
- The section applies when the incorrect record is created with the intent to save a person from being legally punished.
- This means the public servant is deliberately trying to influence the outcome of legal proceedings to benefit someone who might otherwise face legal action.
- Example: An official alters the case files to show that an accused person has a clean record, thereby reducing their sentence.
- Protection of Property from Forfeiture
- The law also covers cases where public servants falsify records to protect property from being confiscated.
- Such actions may include changing ownership details or suppressing information about legal dues.
- Example: A land registry officer modifies property records to prevent a piece of land from being seized due to unpaid taxes.
- Knowledge and Intent
- The public servant must have knowledge that the record is incorrect and must intend to cause harm or benefit by creating the false document.
- The section is not applicable to mistakes made in good faith or errors due to negligence.
- Example: A public servant who knowingly issues a false clearance certificate to avoid penalties for a company is liable under this section.
- Punishment under BNS Section 256
- The punishment for committing this offence can include:
- Imprisonment for up to 3 years.
- A fine.
- Both imprisonment and a fine, depending on the severity of the act.
- The severity of punishment serves as a deterrent against misuse of official power.
- The punishment for committing this offence can include:
- Legal Classification
- Cognizable Offence: The police have the authority to arrest the accused without a warrant.
- Bailable Offence: The accused has the right to apply for bail and can be released from custody by providing bail.
- Non-Compoundable Offence: The case cannot be settled privately between the parties; it has to go through the legal process.
- Trial by: Magistrate of the first class, indicating that a lower-level judicial authority handles the case.
- Impact on Public Trust
- Misconduct by public servants erodes public trust in government institutions and legal processes.
- This section is designed to ensure that public officials do not misuse their authority to benefit themselves or others at the expense of justice.
- Focus on Accountability and Integrity
- BNS Section 256 emphasizes accountability in public service.
- By criminalizing the creation of false records, it ensures that public servants perform their duties honestly and transparently.
- Example: An officer in charge of evidence in a criminal case alters the records to weaken the prosecution’s case, which is a punishable act under this section.
- Deterrence Against Abuse of Power
- This section serves as a deterrent against the abuse of power by public officials.
- It encourages public servants to adhere to the law and discourages them from using their position to commit acts of corruption or favoritism.
- Example: A customs officer prepares false documents to exempt a friend’s business from paying import duties.
Examples of BNS Section 256 Violations
- Example 1:
- A public works officer alters project completion certificates to falsely show that a contractor has fulfilled all contractual obligations, even though the work is incomplete. This action is done to prevent penalties against the contractor.
- Example 2:
- A district registrar intentionally issues a false land ownership document to prevent a wealthy individual’s property from being seized due to pending tax dues.
BNS 256 Punishment
Imprisonment: Up to 3 years.
Fine: The public servant may also be liable to pay a fine
.Both: In some cases, the court may impose both imprisonment and a fine.
BNS 256 bailable or not ?
Bailable: Yes, the offence under BNS Section 256 is bailable.
- This means that the accused public servant has the right to apply for bail, and if granted, they can be released from custody while awaiting trial.
Comparison table — BNS 256 vs IPC 218
| Section | What it Means | Punishment | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 256 | Public servant who knowingly makes an incorrect record or writing to save a person from punishment or property from forfeiture. Ensures authenticity of official records. | Imprisonment up to 3 years, or fine, or both. | Bailable | Cognizable | Magistrate of the First Class |
| IPC Section 218 (Old) | Penalized public servants who framed incorrect records with intent to save a person or property from legal punishment or forfeiture. Basis for BNS 256. | Imprisonment up to 3 years, or fine, or both. | Bailable | Cognizable | Magistrate of the First Class |
| Key Difference: BNS 256 retains the essence of IPC 218 but uses clearer language to align with modern legal terminology. Both target deliberate falsification of official records by public servants. | |||||
BNS Section 256 FAQs
What is the main focus of BNS Section 256?
It focuses on penalizing public servants who deliberately create incorrect records to save someone from legal punishment or to prevent property from forfeiture.
What is the maximum punishment under BNS Section 256?
The maximum punishment is imprisonment for up to 3 years, or a fine, or both.
Is the offence under BNS Section 256 bailable?
Yes, the offence is bailable, meaning the accused can seek bail and avoid pre-trial detention.
Who can try cases under BNS Section 256?
Cases under this section are triable by a Magistrate of the first class, ensuring a fair and prompt judicial process.
Conclusion
BNS Section 256 reinforces that official records are not tools for protecting wrongdoing. By penalising public servants who deliberately falsify documents to save individuals or property from lawful consequences, the law preserves transparency, accountability and public trust. The risk of imprisonment and fines serves as a deterrent against administrative corruption and document tampering.
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Finished with BNS 256 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 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/
- BNS 261 : Person Escape from confinement or custody negligently suffered by public servant.
- https://marriagesolution.in/bns_section/bns-261/
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