BNS Section 256: Public Servant Framing Incorrect Record

Section 256 falls under Chapter 14 of the Bharatiya Nyay Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 256 specifically deals with misrepresenting public records. Let us take a closer look at its provisions.

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:

causing, or knowing it to be likely that it will cause, loss or injury to the public or to any person: This refers to making an incorrect statement in a document so as to make a person suffer punishment or adverse judgement through the law, which in turn may cause injury or losses to person. Sometimes such an act is not done with the intention of causing an injury to someone specific and may be done out of self interest. However, knowing that the action would likely cause injury or loss someone else still makes the action an offence, even though there was no direct intention to hurt.

saving, or knowing it to be likely that it will thereby save, any person from legal punishment: This refers to making an incorrect statement in a document so as to save a person from legal scrutiny or prosecution. Sometimes such an act is not done with the intention of directly saving someone and may be done out of self interest. However, knowing that the action would likely save an offender from punishment still makes the action an offence, even though there was no direct intention to save such person.

saving, or knowing that it is likely thereby to save, any property from forfeiture: 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. This refers to making an incorrect statement in a document so as to prevent a property from being lawfully forfeited. Sometimes such an act is not done with the intention of directly saving someone and may be done out of self interest. However, knowing that the action would likely save a property from lawful forfeiture still makes the action an offence, even though there was no direct intention to save such property.

other charge to which it is liable by law: This refers to making an incorrect statement in a document so as to save a person from being charged or prosecuted of any offence under the provisions of Indian law.

In other words, if a public servant uses his position to frame incorrect statements in a government document with the intent of diverting the course of the law, he or she shall be punishable under the provisions of this section.

Punishment

A public servant found guilty of framing false documents to prevent the natural course of justice shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

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

The public servant in question is forced or coerced into disobeying the direction of the law and protecting an offender.

Illustration

A police constable in charge of registering complaints receives a complaint about a person who is known to him. The constable changes the description of the person in the complaint so as to misguide the investigation team towards a person of a different description. The constable is guilty under the provisions of Section 256.

Disclaimer:

The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS 256

This section deals with: Public servants protecting persons or property from legal course of action.

Description of offence:

Any public servant who deliberately frames a document or record incorrectly or manipulatively in order to protect any person from lawful punishment or any property from lawful seizure shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 256 of BNS and its equivalent IPC section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 256 of BNS replaces Section 218 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
256	Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.	218	No change in provisions for offence.

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FAQs about Section 256 of the Bharatiya Nyay Sanhita (BNS)

What is Section 256 of the BNS?

Section 256 of BNS addresses public servants who deliberately frame any document or record incorrectly or manipulatively in order to protect any person from lawful punishment or any property from lawful seizure and prescribes the punishment for such actions.

What are the penalties under Section 256?

Any person found guilty under this section shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both

What constitutes "framing incorrect records" under Section 256?

Framing any legal records or document incorrectly or manipulatively with the intent of protecting any person from lawful punishment or any property from legal seizure constitutes ‘framing incorrect records’ under Section 256.

Can a complaint be filed directly under Section 256?

Yes. If one is aware of any offence under Section 256 being committed, then they can file a complaint under this section at the nearest police station.

What kind of evidence is required to prove a violation of Section 256?

There are no specific evidentiary requirements for reporting crime under Section 256. However, having a witness or recording or a written indication can help strengthen the case.

How does Section 256 handle digital falsification?

By penalising the persons who are incharge of creating and maintaining these records for falsifying or manipulating records in order to protect criminals, Section 256 deters digital falsification.