Section 256 BNS: Public Servant Framing an Incorrect Record or Writing
Section 256 of the Bharatiya Nyaya Sanhita, 2023 applies where a public servant who is officially responsible for preparing a record or other writing knowingly frames it incorrectly with the prohibited intention or knowledge specified in the section.
Text of Section 256 of the Bharatiya Nyaya Sanhita, 2023
256. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Meaning of Section 256 BNS
The provision is directed at deliberate falsification or incorrect framing of an official record or writing by a public servant who is charged with preparing that record. It is not enough that a record later proves to contain an error. The section expressly requires that the public servant knows the record or writing to be incorrect and acts with one of the prohibited intentions or states of knowledge.
The prohibited purposes include causing, or knowing that the act is likely to cause, loss or injury to the public or another person; saving a person from legal punishment; or saving property from forfeiture or another lawful charge.
Essential Ingredients of Section 256 BNS
- The accused must be a public servant.
- The public servant must be officially charged with preparing a record or other writing.
- The record or writing must be framed in a manner which the public servant knows to be incorrect.
- The act must be accompanied by intent to cause, or knowledge of likelihood of causing, loss or injury to the public or any person; or
- The act must be intended, or known to be likely, to save a person from legal punishment; or
- The act must be intended, or known to be likely, to save property from forfeiture or another lawful charge.
Punishment and Classification under Section 256 BNS
| Particular | Section 256 BNS |
|---|---|
| Offence | Public servant knowingly framing an incorrect record or writing with the prohibited intent or knowledge specified in Section 256 |
| Punishment | Imprisonment of either description for up to 3 years, or fine, or both |
| Cognizable or non-cognizable | Cognizable |
| Bailable or non-bailable | Bailable |
| Court competent to try | Magistrate of the first class |
Who Is a "Public Servant" under the BNS?
Section 2 of the Bharatiya Nyaya Sanhita contains the statutory definition of "public servant". It covers specified categories of persons performing public, judicial, governmental, local-authority and other legally recognised public functions. Whether a particular person falls within the definition depends on the statutory category and the office or function involved.
What Is an "Incorrect Record or Writing"?
Section 256 applies to a record or other writing which the responsible public servant knowingly frames incorrectly. The statutory focus is therefore on conscious falsity or incorrectness in the preparation of an official record or writing, coupled with the required intention or knowledge. A merely inadvertent clerical mistake, without the statutory mental element, is not equivalent to the conduct described in Section 256.
Loss or Injury to the Public or Any Person
The provision expressly covers incorrect official records framed with intent to cause, or with knowledge that they are likely to cause, loss or injury to the public or to any person. This limb is distinct from the alternative limbs dealing with saving a person from punishment or protecting property from forfeiture or another lawful charge.
Saving a Person from Punishment or Property from Forfeiture
Section 256 also applies where the incorrect record is deliberately framed to save a person from legal punishment, or where the public servant knows that this is likely to be the result. A separate limb covers the protection of property from forfeiture or another charge to which that property is liable by law.
Section 256 BNS and Former Section 218 IPC
Section 256 BNS substantially carries forward the subject previously dealt with by Section 218 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 201 BNS: Public servant framing an incorrect document with intent to cause injury.
Section 255 BNS: Public servant disobeying direction of law 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.
Section 258 BNS: Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law.
Quick Summary
Section 256 BNS penalises a public servant who is charged with preparing a record or writing and knowingly frames it incorrectly with the prohibited intent or knowledge specified by law. The maximum punishment is three years' imprisonment, or fine, or both. The offence is cognizable and bailable and is triable by a Magistrate of the first class.
This page provides general legal information and should not be treated as a substitute for professional advice on the facts of a particular case.