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Section 255: Public Servant Disobeying Law Direction to Save Person/Property

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 217 IPC
Section 254 All 358 Sections of Bharatiya Nyaya Sanhita Section 256

Legal Commentary & Landmark Judgments: Section 255

Section 255 penalises a public servant who knowingly disobeys any direction of law regarding their official conduct, intending or knowing it likely to save any person from legal punishment or property from forfeiture.

  • Public Servant Status: The accused is a public servant charged with official duties.
  • Disobedience of Legal Direction: Knowingly violating statutory rules, procedural manuals, or court orders.
  • Corrupt Purpose: With intent to save any person from legal punishment or protect property from lawful forfeiture.
Key Landmark Precedents:
  • State of Maharashtra v. Budhikota Subbarao (1993) 3 SCC 339: The Supreme Court held that deliberate procedural sabotage by investigating officers to protect offenders attracts penal consequences.
  • Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1: Held that intentional omission to register cases or suppress evidence to shield influential accused constitutes punishable dereliction.
Courtroom Practice & Strategic Litigation Guidance:

Prior sanction under Section 218 BNSS (old Section 197 CrPC) is mandatory if the act was performed under colour of official duty. Prove the precise statutory manual directive violated.

Section 254 All 358 Sections of Bharatiya Nyaya Sanhita Section 256