Home  /  Bharatiya Nyaya Sanhita  /  Section 257

Section 257: Public Servant in Judicial Proceeding Corruptly Making Order/Report

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
Non-Cognizable
Formerly Sec 219 IPC
Section 256 All 358 Sections of Bharatiya Nyaya Sanhita Section 258

Legal Commentary & Landmark Judgments: Section 257

Section 257 penalises a public servant in a judicial proceeding who corruptly or maliciously makes or pronounces any report, order, verdict, or decision which they know to be contrary to law.

  • Judicial Office: The officer exercises judicial or quasi-judicial authority in a proceeding.
  • Corrupt or Malicious Decision: Pronouncing an order, report, or verdict known to be contrary to statutory law.
  • Guilty Mens Rea: Acting out of corrupt bias or personal malice, not mere error of legal interpretation.
Key Landmark Precedents:
  • R. v. Tarachand (1903) 5 Bom LR 597: Clarified that mere erroneous interpretation of law or reversal in appeal does not attract prosecution; there must be proof of corrupt motive or bribery.
  • K.P. Tiwari v. State of M.P. (1994) Supp 1 SCC 540: The Supreme Court stressed that judicial independence protects officers from criminal charges for honest mistakes; malice must be proved beyond doubt.
Courtroom Practice & Strategic Litigation Guidance:

High judicial threshold: A complaint under Section 257 requires sanction of the High Court and proof of extraneous pecuniary consideration or proved mala fides.

Section 256 All 358 Sections of Bharatiya Nyaya Sanhita Section 258