Section 255 BNS: Public Servant Disobeying Law to Save a Person from Punishment or Property from Forfeiture
Section 255 of the Bharatiya Nyaya Sanhita, 2023 applies where a public servant knowingly disobeys a legal direction governing the manner in which that public servant must act, with the intention or knowledge that the disobedience will save a person from legal punishment, reduce the punishment, or protect property from lawful forfeiture or charge.
Text of Section 255 of the Bharatiya Nyaya Sanhita, 2023
255. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Meaning of Section 255 BNS
Section 255 targets deliberate misuse of public office in disregard of a legal direction. The provision is concerned with a public servant who knowingly acts contrary to a legal duty governing official conduct and does so with the prohibited purpose or knowledge specified in the section.
The provision covers three related outcomes: saving a person entirely from legal punishment, causing that person to receive a lesser punishment than legally due, or protecting property from forfeiture or another charge imposed by law.
Essential Ingredients of Section 255 BNS
- The accused must be a public servant.
- There must be a direction of law governing the manner in which the public servant is required to conduct himself or herself in that official capacity.
- The public servant must knowingly disobey that legal direction.
- The disobedience must be accompanied by the intention, or knowledge of likelihood, that a person will thereby be saved from legal punishment or subjected to a lesser punishment.
- Alternatively, the disobedience may be intended, or known to be likely, to save property from forfeiture or a lawful charge.
Punishment and Classification under Section 255 BNS
| Particular | Section 255 BNS |
|---|---|
| Offence | Public servant knowingly disobeying a direction of law with intent or knowledge relating to saving a person from punishment, reducing punishment, or saving property from forfeiture or lawful charge |
| Punishment | Imprisonment of either description for up to 2 years, or fine, or both |
| Cognizable or non-cognizable | Non-cognizable |
| Bailable or non-bailable | Bailable |
| Court competent to try | Any Magistrate |
Who Is a "Public Servant" under the BNS?
The Bharatiya Nyaya Sanhita contains a statutory definition of "public servant" in Section 2. The definition covers specified categories of persons performing public, judicial, governmental, local-authority and other legally recognised public functions. Whether a person falls within that definition depends on the statutory category and the nature of the office or function concerned.
What Does "Knowingly Disobeys" Mean?
The wording of Section 255 requires conscious disobedience of a direction of law. The section therefore focuses on deliberate non-compliance rather than a merely accidental or inadvertent departure from procedure. The required mental element also extends to the purpose or likely consequence of saving a person from punishment, reducing punishment, or protecting property from forfeiture or a lawful charge.
Saving Property from Forfeiture or Lawful Charge
Section 255 is not limited to interference with punishment of individuals. It also applies where a public servant knowingly disobeys the law with the prohibited intent or knowledge in order to save property from forfeiture or from a charge to which that property is legally liable.
Section 255 BNS and Former Section 217 IPC
Section 255 BNS substantially carries forward the subject previously dealt with by Section 217 of the Indian Penal Code, 1860. Because the IPC was repealed subject to statutory savings, conduct occurring before commencement of the BNS may require examination under the earlier law together with the applicable repeal-and-savings provisions.
Related BNS Provisions
Section 198 BNS: Public servant disobeying law with intent to cause injury to any person.
Section 199 BNS: Public servant disobeying direction under law.
Section 256 BNS: Public servant framing an incorrect record or writing with intent to save person from punishment or property from forfeiture.
Section 257 BNS: Public servant in a judicial proceeding corruptly making and pronouncing an order, report, etc., contrary to law.
Quick Summary
Section 255 BNS penalises a public servant who knowingly disobeys a legal direction governing official conduct with the intention or knowledge that the disobedience will save a person from punishment, reduce that person's punishment, or protect property from forfeiture or a lawful charge. The punishment is imprisonment up to two years, or fine, or both. The offence is non-cognizable and bailable and is triable by any Magistrate.
This page provides general legal information and should not be treated as a substitute for professional advice on the facts of a particular case.