Section 256 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Here’s the full text and an expert breakdown of Section 256 of the Bharatiya Sakshya Adhiniyam, 2023:
📜 Section 256 – Framing Incorrect Record or Writing by a Public Servant
“256. 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
to save any person from legal punishment, or
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.” (cdtihyd.gov.in)
🧠 Key Elements
| Element | Details |
|---|---|
| Who | A public servant charged with preparing a record or writing |
| Action | Creating the record in a known incorrect/false manner |
| Intent/Purpose | With aim to either: – Harm the public or any individual,– Shield someone from punishment,– Protect property from legal seizure |
| Knowledge | Must know or be aware that the document is false AND that their actions will likely cause the intended harm |
| Penalty | Up to 3 years’ imprisonment, or fine, or both |
🔍 How It Differs from Related Sections
Section 255: Involves disobedience of law by a public servant with intent to save a person or property. Here, it's about disobeying authority.
Section 256: Concerned with fabrication—deliberate falsification of official records.
Section 257 onward: Deal with other corrupt actions by officials (e.g., corrupt judgments, wrongful confinement).
✅ Summary
Section 256 targets public servants who falsify official records, with the deliberate knowledge and intent to harm the public interest, help individuals evade legal consequences, or protect assets from lawful seizure. Offenders can face imprisonment for up to three years, a fine, or both.
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