Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
Brief Detail
BNS Section 255 applies to public servants who disobey legal directions with the intent of saving a person from punishment or reducing their penalty. It also applies to instances where a public servant disobeys the law to save any property from being forfeited. The punishment for such an offence may include imprisonment of up to two years, a fine, or both.
Question & Answers
Q1: What is the penalty for a public servant disobeying the law to save a person from punishment?
A1: Under Section 255, if a public servant disobeys the law with the intent to save a person from legal punishment or reduce the severity of the punishment, they may be punished with imprisonment for up to two years, a fine, or both.
Q2: What happens if a public servant disobeys the law to save property from forfeiture?
A2: If a public servant knowingly disobeys the law with the intention to save property from forfeiture or legal charges, they are liable to be punished under Section 255, which includes imprisonment for up to two years, a fine, or both.
Example
Example Scenario:
If A, a public servant, knowingly ignores a court order directing him to seize a property involved in illegal activities, with the intent to protect the property from forfeiture, A may be punished under Section 255 with imprisonment of up to two years and/or a fine.
Summary
BNS Section 255 imposes penalties on public servants who disobey legal directions with the intention of saving a person from legal punishment or reducing their penalty, or saving property from forfeiture. The punishment includes imprisonment of up to two years, a fine, or both.
