Introduction of BNS Section 256
BNS Section 256 deals with the misconduct of public servants who intentionally create false or incorrect records to protect someone from legal punishment or to prevent property from lawful forfeiture. This section ensures that public officials maintain accuracy and integrity in their official duties. The purpose of this section is to prevent misuse of power by public servants, thereby upholding transparency and trust in public administration.
The Bharatiya Nyaya Sanhita (BNS) Section 256 replaces the old Indian Penal Code (IPC) Section 218.
- Introduction of BNS Section 256
- What is BNS Section 256 ?
- BNS 256 in Simple Points
- Section 256 BNS Overview
- BNS 256 Punishment
- BNS 256 bailable or not ?
- Bharatiya Nyaya Sanhita Section 256
- BNS Section 256 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 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.
BNS 256 in Simple Points
- Targeted Misconduct by Public Servants
- BNS Section 256 applies specifically to public servants who are responsible for preparing official records or documents.
- If a public servant knowingly makes these records incorrect with a wrongful intent, they can be prosecuted under this section.
- Example: A police officer alters an investigation report to protect a suspect from prosecution.
- Intent to Save a Person from Legal Punishment
- The section is applicable when the incorrect record is created with the intention of saving someone from legal punishment or reducing their sentence.
- This includes any attempt to manipulate the legal system to benefit someone who has committed a crime.
- Example: An official alters a criminal’s prior record to present them as a first-time offender, thereby reducing their punishment.
- Protection of Property from Forfeiture
- BNS Section 256 also covers situations where a public servant manipulates documents to save property from being legally seized or forfeited.
- This means the public servant is using their position to illegally protect assets that should have been confiscated by law.
- Example: A revenue officer falsifies property documents to prevent the government from seizing assets involved in tax evasion.
- Punishment for the Offence
- If found guilty under BNS Section 256, the public servant can face:
- Imprisonment of up to 3 years.
- A fine.
- Both imprisonment and a fine, depending on the severity of the offence.
- The law aims to deter public servants from engaging in such dishonest practices.
- If found guilty under BNS Section 256, the public servant can face:
- Legal Classification
- Cognizable: The police have the authority to arrest the accused without a warrant.
- Bailable: The accused has the right to apply for bail.
- Non-Compoundable: The case cannot be settled out of court between the parties.
- Trial by: Magistrate of the first class, which means that it is tried by a lower-level judicial authority.
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.
Bharatiya Nyaya Sanhita Section 256
BNS Section | Offence | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial by |
---|---|---|---|---|---|
256 | Public servant framing incorrect records to save a person from punishment or property from forfeiture | Imprisonment up to 3 years, or fine, or both | Bailable | Cognizable | Magistrate of the first class |
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.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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