Section 256 BNS – Section 256 of New Bharatiya Nyaya Sanhita

Section 256 of the Bharatiya Nyaya Sanhita (BNS) addresses the misconduct of public servants in relation to official records. This provision is part of Chapter XIV, which deals with false evidence and offenses against public justice.

Key Provisions

Definition and Intent:

• The section stipulates that any public servant responsible for preparing records or writings who knowingly frames these documents incorrectly, with the intent to cause loss or injury to the public or to save an individual from legal consequences, is committing an offense. This includes actions aimed at preventing property forfeiture or other legal charges against a person.

Punishment:

• The punishment for violating this section can include imprisonment for up to three years, a fine, or both. This reflects the seriousness with which the law treats the falsification of official records by public servants.

Examples of Application

1. Falsifying Land Records:
   • A government clerk alters land records to falsely indicate that a friend legally owns government land, thereby helping them avoid legal repercussions. This act falls squarely under Section 256 due to the intent to mislead and protect the individual from punishment12.
2. Manipulating Official Documents:
   • If a public servant modifies official documents to benefit someone else unlawfully, such as changing criminal records or financial documents, they could be prosecuted under this section for their deliberate actions.

Conclusion

Section 256 of the Bharatiya Nyaya Sanhita serves as a crucial legal safeguard against corruption and malpractice by public servants. It underscores the importance of integrity in public service and aims to uphold justice by penalizing those who would compromise it for personal gain.