Section 256: Public Servant Framing Incorrect Record/Writing 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
Magistrate 1st Class
Bailable
Cognizable
Formerly Sec 218 IPC

Legal Commentary & Landmark Judgments: Section 256

Section 256 punishes a public servant who, charged with the preparation of any record or writing, frames it incorrectly with intent to save any person from punishment or property from forfeiture.

  • Duty to Prepare Record: Public servant charged with drawing up case diaries, panchnamas, FIRs, or revenue registers.
  • Incorrect Framing: Knowingly preparing the document or electronic record in an untruthful or mutilated manner.
  • Screening Intent: With intention to save an offender from conviction or prevent forfeiture of assets.
Key Landmark Precedents:
  • State of Orissa v. Ganesh Chandra Jew (2004) 8 SCC 40: The Supreme Court ruled that dishonest alteration of case diaries or medical reports to exculpate an accused is not protected by official immunity.
  • Prabhu Dayal v. State of Rajasthan (2018) 8 SCC 127: Affirmed that falsifying official records to protect encroachers or criminals constitutes a complete penal offence.
Courtroom Practice & Strategic Litigation Guidance:

Compare the initial contemporaneous rough notes with the sanitized final record. Forensic document examination establishing deletions or overwriting will solidify the charge.