Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
Brief Detail
BNS Section 256 deals with public servants who prepare incorrect records or writings knowingly to benefit someone or harm the public interest. The law imposes a punishment of imprisonment for up to three years, a fine, or both for such actions, which can cause legal repercussions for individuals or affect public welfare.
Question & Answers
Q1: What is the punishment for a public servant who frames an incorrect record?
A1: Under Section 256, a public servant who frames an incorrect record or writing knowingly may face imprisonment for up to three years, a fine, or both.
Q2: What intent must be proven for a public servant to be punished under this section?
A2: It must be proven that the public servant intended to cause loss or injury to the public or any person or intended to save someone from legal punishment or save property from forfeiture.
Example
Example Scenario:
If A, a public servant, deliberately alters the details in an official record to prevent a property from being seized for legal violations, A could be punished under Section 256 with imprisonment for up to three years and/or a fine.
Summary
BNS Section 256 establishes that public servants who knowingly prepare incorrect records or writings with the intent to benefit any person at the expense of public interest may face imprisonment of up to three years, a fine, or both.
