Section 257 of the Bharatiya Nyaya Sanhita (BNS) addresses the misconduct of public servants within judicial proceedings. Specifically, it penalizes public servants who corruptly or maliciously make or pronounce any report, order, verdict, or decision that they know to be contrary to law during any stage of a judicial proceeding.
Key Provisions of Section 257 BNS
- Definition: A public servant who knowingly issues any report or decision that is against the law can face severe penalties. This includes any stage of judicial proceedings where such actions occur.
- Punishment: The punishment for violating this section can include:
- Imprisonment for a term that may extend to seven years.
- A fine.
- Both imprisonment and fine may be imposed at the discretion of the court.
- Cognizability: This offense is classified as non-cognizable, meaning that police cannot arrest without a warrant and a magistrate must approve the investigation.
- Bail Status: The offense is considered bailable, allowing the accused to secure release from custody after meeting bail conditions.
- Trial Court: Cases under this section are triable in a Magistrate’s Court of the first class.
Context and Importance
Section 257 is part of Chapter XIV, which deals with false evidence and offenses against public justice. It aims to uphold the integrity of judicial proceedings by deterring public servants from abusing their positions to issue unlawful decisions, thereby protecting the rule of law and public trust in the justice system.
This provision replaces similar clauses from the previous Indian Penal Code (IPC), specifically aligning with Section 219 of the IPC, which dealt with similar offenses but under a different legal framework. The introduction of the BNS marks a significant shift in India’s criminal justice system, emphasizing accountability among public officials in judicial roles.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
