Bharatiya Nyaya Sanhita, 2023
Section 256
Public servant framing incorrect record or writing with intent to save person from
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 with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby 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.
Why this exists
Official records - police diaries, inspection reports, inventories, and similar documents - are relied upon as accurate accounts of fact by courts and other authorities. This provision, earlier Section 218 of the Indian Penal Code, 1860, punishes public servants who deliberately falsify such records, whether to harm someone, shield an offender, or protect property from a legitimate legal claim.
Common misconceptions
- Myth: A public servant can only be punished for accepting a bribe, not for the false record they create afterward.
Fact: Deliberately framing an incorrect official record with the intent to cause harm or help someone escape legal consequences is itself a distinct offence under this section.