Section 257 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 257 of the Bharatiya Nyaya Sanhita (BNS), 2023—falling under Chapter XIV: False Evidence & Offences Against Public Justice:
📜 Section 257 – Public Servant in Judicial Proceedings Corruptly Making Report, etc., Contrary to Law
Offence Defined:
A public servant (e.g., judge, magistrate, prosecutor, police officer) who, corruptly or maliciously, at any stage of a judicial proceeding, makes or pronounces a report, order, verdict, or decision, knowing it to be contrary to law, commits an offence. (sanhita.ai)
⚖️ Punishment
Imprisonment: up to 7 years (either description)
Fine: discretionary
Or both
🔍 Key Elements
Actor: Must be a public servant participating in a judicial proceeding.
State of Mind: Must act corruptly or maliciously.
Knowledge: Aware that their report or decision is contrary to law.
Timing: Must occur during any stage of the judicial process (including investigation before trial).
🧩 Contextual Framework
Located immediately after Section 256 (framing false records) and before Section 258 (wrongful commitment or confinement), reinforcing accountability of public officers within legal proceedings. (myjudix.com)
Reinforces integrity of judicial processes by penalizing those who misuse official authority. (apnilaw.com)
🛡️ Legal & Procedural Aspects
Cognizable: Police can arrest without warrant (standard for Chapter XIV offences)
Bailable: Offence is eligible for bail
Triable by: Magistrate—though higher courts may try depending on the public servant’s position or offence severity
🔎 Practical Implications
Discourages corruption or bias by officials presiding over or influencing court cases.
A judge knowingly delivering a verdict inconsistent with law for personal gain—e.g., favoring a party—can attract up to 7 years in jail.
Applies equally to non-judicial phases (like investigative reports or pre-trial examinations). (prsindia.org, vakilsearch.com, law4u.in)
✅ Summary Table
| Feature | Details |
|---|---|
| Who | Public servant in judicial proceedings |
| What | Reports, orders, verdicts contrary to law |
| Mental State | Corrupt or malicious + knowledge of illegality |
| Penalty | Up to 7 yrs imprisonment + fine or both |
| Mode | Cognizable, bailable, Magistrate-triable |
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