Section 257 BNS: Public Servant Corruptly Making a Judicial Report, Order, Verdict or Decision Contrary to Law
Section 257 of the Bharatiya Nyaya Sanhita, 2023 punishes a public servant who, at any stage of a judicial proceeding, corruptly or maliciously makes or pronounces a report, order, verdict or decision which the public servant knows to be contrary to law.
Text of Section 257 of the Bharatiya Nyaya Sanhita, 2023
257. Public servant in judicial proceeding corruptly making report, etc., contrary to law.
Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Meaning of Section 257 BNS
Section 257 is aimed at deliberate abuse of judicial authority by a public servant. The provision is not triggered merely because a judicial report, order, verdict or decision is later found to be legally incorrect. The statute requires corrupt or malicious conduct together with knowledge that the act is contrary to law.
The provision applies at any stage of a judicial proceeding and expressly covers a report, order, verdict or decision. The words "corruptly or maliciously" and "knows to be contrary to law" create a specific and demanding mental element.
Essential Ingredients of Section 257 BNS
- The accused must be a public servant.
- The act must occur at some stage of a judicial proceeding.
- The public servant must make or pronounce a report, order, verdict or decision.
- The act must be done corruptly or maliciously.
- The public servant must know that the report, order, verdict or decision is contrary to law.
Punishment and Classification under Section 257 BNS
| Particular | Section 257 BNS |
|---|---|
| Offence | Public servant corruptly or maliciously making or pronouncing in a judicial proceeding a report, order, verdict or decision known to be contrary to law |
| Punishment | Imprisonment of either description for up to 7 years, or fine, or both |
| Cognizable or non-cognizable | Non-cognizable |
| Bailable or non-bailable | Bailable |
| Court competent to try | Magistrate of the first class |
What Is a Judicial Proceeding?
The Bharatiya Nagarik Suraksha Sanhita, 2023 contains procedural definitions relevant to criminal proceedings. Whether a particular act falls within a "judicial proceeding" depends on the legal character of the proceeding and the statutory context. Section 257 expressly applies at any stage of such a proceeding.
Meaning of "Corruptly or Maliciously"
Section 257 requires more than error, negligence or an arguable interpretation of law. The act must be done corruptly or maliciously. In addition, the public servant must know that the report, order, verdict or decision is contrary to law. These requirements distinguish the offence from an ordinary judicial mistake.
Report, Order, Verdict or Decision
The statutory language is deliberately broad. It covers not only a final verdict or decision but also a report or order made or pronounced at any stage of a judicial proceeding, provided the required corrupt or malicious intent and knowledge of illegality are present.
Section 257 BNS and Former Section 219 IPC
Section 257 BNS substantially carries forward the subject previously dealt with by Section 219 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 255 BNS: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
Section 256 BNS: Public servant framing an incorrect record or writing with intent to save person from punishment or property from forfeiture.
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 257 BNS penalises a public servant who, at any stage of a judicial proceeding, corruptly or maliciously makes or pronounces a report, order, verdict or decision which the public servant knows to be contrary to law. The maximum punishment is seven years' imprisonment, or fine, or both. The offence is non-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.