BNS Section 255: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

Definition of BNS Section 255

Section 255 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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.”

Explanation and Illustration of Section 255

This section is applicable to any public servant in the employ of any organisation or body under the Government of India, whether citizen, resident or otherwise. It deals with the offence of obstruction of justice by public servant. Let us break down the section to get a better understanding of it.

Offence

The duties and responsibilities of a public servant are well defined under various legislations. There is a legislation for central government employees (e.g., Central Civil Services (Conduct) Rules, 1964), separate one for state government employees (e.g., Tamil Nadu Government Servants Conduct Rules, 1973) and employees of public sector units have their own handbook (e.g., Securities And Exchange Board Of India (Employees' Service) Regulations, 2001). Apart from these, the public servant is also bound by any orders or notifications passed by their higher authorities, such as a court or a committee, as mandated from time to time. These legislations and the orders from the authorised authorities are what this section defines as “direction of the law”.

When a public servant disobeys any direction of the law for any of the following intentions, it shall be an offence under the provisions of section 255:

Intent to save, or knowing it to be likely that he will thereby save, any person from legal punishment: This refers to a public servant performing any action deviating from the direction of the law in order to save a person from legal punishment. When the action does not directly lead to protecting an offender but indirectly shields any offender from punishment, then such an indirect action is said to have been performed knowing it to be likely that it will thereby save the offender.

Intent to subject to a less punishment than that to which he is liable: This refers to a public servant performing any action deviating from the direction of the law in order to reduce the culpability and punishment of an offender as against the punishment they ought to have undergone rightfully.

Intent to save, or knowing that he is likely thereby to save, any property from forfeiture: This refers to a public servant performing any action deviating from the direction of the law in order to save a person’s property from being lawfully forfeited. A person’s property is usually lawfully forfeited when they have defaulted government dues, taxes or fines or as a result of a court order. When the action does not directly lead to protecting such property but indirectly shields any offender’s property from forfeiture, then such an indirect action is said to have been performed knowing it to be likely that it will thereby save the property.

Intent to save from any charge to which it is liable by law: This refers to a public servant performing any action deviating from the direction of the law in order to save someone from being charged with any offence under the Indian law.

Punishment
Any public servant who deviates from direction of the law with the intent to do any of the above, he or she shall be punishable under the provisions of Section 255 with imprisonment for a term which may extend to two years, or with fine, or with both.

The above actions may not be an offence under this section if:

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