BNS Section 256: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

Definition of BNS Section 256

Section 256 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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.”

Explanation and Illustration of Section 256

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 misrepresenting government records . Let us break down the section to get a better understanding of it.

Offence

This section specifically deals with public servants who are charged with the preparation of any record or other writing. In other words, their duty is to ensure that government orders and notifications are transcribed into documents as a part of public record. This is a critical job as whatever is said in the documents goes on to become a government mandate. These documents are then issued to the relevant government departments for follow through. So any mistake made in the transcription of these documents can lead to government employees following incorrect orders or directions.

Section 254 deals with such public servants making intentional mistakes in documents that they are charged. According to the section, it shall be an offence for a public servant to make incorrect statement in a document if the error has been made with the intention of:

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