Section 255 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 255 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, under Chapter XIV: False Evidence and Offences Against Public Justice:
🛡️ Section 255 – Public Servant Disobeying Law to Shield from Punishment or Forfeiture
🔹 Statutory Text:
“Whoever, being a public servant, knowingly disobeys any lawful direction on how to perform their duties as a public servant, with intent to:
Save any person from legal punishment or reduce their punishment, or
Save any property from forfeiture or legal charge,
shall be punished with imprisonment (simple or rigorous) for up to two years, or with fine, or both.”
(sudhirrao.com)
🔍 Key Components
Subject: A public servant (e.g., police, magistrate, government official).
Actus Reus: Knowingly disobeying legal directions about performing official duties.
Mens Rea: Done with intent or knowledge that this action will:
Save a person from punishment or lessen it, or
Prevent legal seizure/forfeiture of property.
Penalty: Up to 2 years’ imprisonment, fine, or both.
(sudhirrao.com, bnssections.com)
⚖️ Legal and Practical Significance
Purpose: Ensures public servants cannot abuse their position to favor individuals or their belongings through unlawful inaction or misdirection.
Classification: This is a cognizable and non-bailable offence (aligned with similar BNS sections), typically tried in a Magistrate’s Court.
Relation to IPC: Analogous to IPC Section 166, which penalizes public servants who intentionally disobey law to shield someone—BNS §255 strengthens this by expressly targeting shielding from punishment or forfeiture.
✅ Summary Table
| Element | Detail |
|---|---|
| Who | Public servant |
| Offence | Knowingly disobeys legal directions |
| Purpose | To save a person from punishment or property loss |
| Penalty | Up to 2 years imprisonment, fine, or both |
| Offence type | Cognizable, non-bailable, Magistrate‑triable |
RELATED Blog
0 comments