—Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
What this section does
Penalises a public servant who knowingly disobeys a legal direction governing his conduct as a public servant, with the intent or knowledge that doing so will save a person from legal punishment (or reduce it) or save property from forfeiture or a legal charge. The offence requires both the disobedience and the corrupt intent or knowledge.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 2 years, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- Accused is a public servant
- There exists a direction of law as to how the public servant is to conduct himself
- Accused knowingly disobeyed that direction
- The disobedience was with intent to save a person from legal punishment or subject him to lesser punishment, OR with intent to save property from forfeiture or a legal charge, OR with knowledge that such consequences were likely
Practitioner note
The section covers both intentional and constructive knowledge scenarios — it is sufficient that the public servant knew the disobedience was likely to produce the prohibited result.
Derived from IPC s.217.
Read the official text
For the binding statutory text of BNS Section 255, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 255 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.