KembaraXtra - Bharatiya Nyaya Sanhita - Section 256: Public Servant Framing Incorrect Record or Writing with Intent to Save Person from Punishment or Property from Forfeiture

Introduction

Section 256 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with deliberate falsification of an official record or writing by a public servant who is legally charged with preparing that record or writing.

The offence is committed when the public servant knowingly frames the record or writing incorrectly and does so with one of the prohibited purposes or consequences specified in the section, such as:

• Causing loss or injury to the public or any person;
• Saving a person from legal punishment;
• Saving property from forfeiture; or
• Saving property from some other legal charge.

The provision therefore targets a knowing distortion of an official record by the very public servant responsible for preparing it.

Basic Formula

Public servant + duty to prepare record/writing + knowingly incorrect record + prohibited intent/knowledge = Section 256

Q1. What does Section 256 provide?

Answer:

Section 256 punishes a public servant who:

1.     Is charged, as a public servant, with preparing a record or other writing;

2.     Frames that record or writing in a manner which he knows to be incorrect; and

3.     Does so with:

o    Intent to cause loss or injury to the public or any person; or

o    Knowledge that such loss or injury is likely; or

o    Intent to save a person from legal punishment; or

o    Knowledge that he is likely to save such person; or

o    Intent to save property from forfeiture or other legal charge; or

o    Knowledge that he is likely to do so.

Q2. What is the object of Section 256?

Answer:

The object is to protect the integrity of official records and prevent public servants from manipulating official documents for improper purposes.

The section protects:

• Accuracy of public records;
• Fair administration of justice;
• Enforcement of punishment;
• Lawful forfeiture of property;
• Public and individual interests.

Core Principle

A public servant entrusted with preparing an official record must not knowingly falsify it to cause injury or shield a person or property from lawful consequences.

Q3. Which IPC provision corresponds to Section 256 BNS?

Answer:

According to the supplied comments:

Section 256 BNS = Section 218 IPC

Q4. Has Section 256 changed substantively under BNS?

Answer:

According to the supplied comments:

No.

The language remains unchanged and the provision has been retained as it is.

Q5. Who can commit the offence under Section 256?

Answer:

The offender must be:

A public servant

This is therefore a special-status offence.

Q6. Is being a public servant alone sufficient?

Answer:

No.

The public servant must also be:

Charged with the preparation of the relevant record or writing

This official responsibility is an essential ingredient.

Q7. What are the essential ingredients of Section 256?

Answer:

The essential ingredients are:

1.     The accused must be a public servant;

2.     As such public servant, he must be charged with preparing a record or other writing;

3.     He must frame that record or writing incorrectly;

4.     He must know that the record or writing is incorrect;

5.     He must act with one of the specified intents or states of knowledge relating to:

o    Loss or injury;

o    Saving a person from punishment;

o    Saving property from forfeiture;

o    Saving property from another legal charge.

Formula

PUBLIC SERVANT + OFFICIAL RECORD DUTY + KNOWINGLY INCORRECT RECORD + PROHIBITED INTENT/KNOWLEDGE = 256

Q8. What does “charged with the preparation of any record or other writing” mean?

Answer:

It means that preparing that document forms part of the public servant's official duty or responsibility.

The section does not apply merely because the person happens to write something unofficially.

Q9. What is meant by “record or other writing”?

Answer:

The wording is broad.

It covers an official:

• Record; or
• Other writing

which the public servant is responsible for preparing in the course of his duty.

Q10. Must the record be a public document in the technical sense?

Answer:

The supplied section does not make technical classification as a “public document” an express ingredient.

The important point is that the writing is one which the public servant is officially charged with preparing.

Q11. What does “frames that record or writing” mean?

Answer:

It refers to preparing, composing or setting out the contents of the record or writing.

The offence arises where the public servant deliberately prepares it in an incorrect form.

Q12. What is the significance of the words “knows to be incorrect”?

Answer:

These words establish a strong knowledge requirement.

The public servant must know that the record or writing is incorrect.

A mere clerical mistake or innocent error is not enough.

Memory

Incorrect + knowingly incorrect

Q13. Is negligence sufficient?

Answer:

No.

The section requires knowledge of the incorrectness.

Negligent preparation alone does not satisfy the wording.

Q14. Is a simple mistake in an official record enough?

Answer:

No.

A genuine or accidental mistake would not by itself satisfy Section 256.

The public servant must knowingly frame the record incorrectly and must have one of the required prohibited intentions or states of knowledge.

Q15. Is knowledge of falsity alone enough?

Answer:

No.

There must also be a further prohibited purpose or likely consequence specified by the section.

The law therefore requires:

Knowing incorrectness + prohibited intent/knowledge

Q16. What is the first prohibited purpose under Section 256?

Answer:

The public servant may act:

• With intent to cause loss or injury to the public or any person; or
• Knowing it to be likely that he will thereby cause such loss or injury.

Q17. Does actual loss or injury have to occur?

Answer:

Not necessarily.

The section also covers the situation where the public servant knows that loss or injury is likely to result.

The focus is therefore on the required intent or knowledge, not necessarily on actual completion of the loss.

Q18. Who may suffer the loss or injury?

Answer:

The section expressly covers:

• The public; or
• Any person.

Q19. What is the second prohibited purpose?

Answer:

The public servant may prepare the false record:

With intent to save any person from legal punishment

or knowing that he is likely thereby to save that person from legal punishment.

Q20. What does “legal punishment” signify?

Answer:

It refers to punishment imposed or imposable according to law.

The section targets manipulation of official records designed to shield a person from lawful penal consequences.

Q21. Must the person actually avoid punishment?

Answer:

No.

It is sufficient if the public servant:

• Intends to save the person; or
• Knows that his act is likely to save that person.

Actual success is not made an express ingredient.

Q22. Can the person being saved be someone other than the public servant?

Answer:

Yes.

The provision refers broadly to:

“any person”

Q23. Can the public servant be trying to save himself?

Answer:

According to the supplied comments:

Yes.

The section may still apply where the public servant prepares the incorrect record in order to save himself from legal punishment.

This is an important point.

Memory

“Any person” can include the public servant himself.

Q24. What is the third prohibited purpose?

Answer:

The public servant may act with intent to save, or with knowledge that he is likely to save:

Any property from forfeiture

to which that property is liable by law.

Q25. What does forfeiture mean here?

Answer:

Forfeiture refers to lawful loss or confiscation of property as a consequence provided by law.

The section punishes falsification of official records designed to prevent that lawful consequence.

Q26. Does the section cover more than forfeiture?

Answer:

Yes.

It also covers saving property from:

“Other charge to which it is liable by law”

Therefore, the provision is wider than forfeiture alone.

Q27. Must the property actually be saved?

Answer:

No.

The section also applies where the public servant knows that his falsification is likely to save the property.

Q28. What are the three main prohibited objectives?

Answer:

They may be remembered as:

1.     CAUSE LOSS OR INJURY

2.     SAVE PERSON FROM PUNISHMENT

3.     SAVE PROPERTY FROM FORFEITURE/LEGAL CHARGE

Memory

HARM – SAVE PERSON – SAVE PROPERTY

Q29. What mental states does Section 256 use?

Answer:

The section repeatedly uses two alternatives:

• Intent; or
• Knowledge of likelihood.

Therefore, actual desire for the consequence is not always necessary if the public servant knows it is likely to result.

Q30. Is malicious intent expressly required?

Answer:

No.

Unlike Sections 257 and 258, Section 256 does not expressly use the words “corruptly or maliciously.”

Its mental elements are:

• Knowledge that the record is incorrect; and
• Intent or knowledge concerning the specified consequence.

Q31. Is corrupt motive expressly required?

Answer:

No.

The section does not make corruption an independent ingredient.

Its requirements are more specifically framed around knowing falsification and prohibited intent or knowledge.

Q32. Must the public servant receive a benefit?

Answer:

No.

Personal benefit is not required.

The offence may be complete even where the intended benefit is for another person or another person's property.

Q33. Must a bribe be involved?

Answer:

No.

Bribery is not an ingredient.

Q34. Must the false record relate to a criminal proceeding?

Answer:

Not necessarily in every branch.

The section also expressly covers falsification intended to cause loss or injury or save property from forfeiture or other legal charge.

Its application is therefore broader than merely saving someone from punishment.

Q35. Give an example involving loss to the public.

Answer:

Suppose a public servant is officially responsible for preparing a financial or administrative record.

He knowingly records false information intending thereby to cause financial loss to the public.

Section 256 may apply.

Q36. Give an example involving injury to a person.

Answer:

Suppose an officer deliberately enters incorrect information in an official record, knowing it is false, with the intention of causing legal or other injury to A.

Section 256 may apply.

Q37. Give an example involving saving another person from punishment.

Answer:

Suppose a public servant responsible for preparing an official record knowingly omits incriminating information so that B may avoid lawful punishment.

Section 256 may apply.

Q38. Give an example involving saving himself.

Answer:

Suppose a public servant knows that an official record, if correctly prepared, would expose him to legal punishment.

He deliberately falsifies the record to shield himself.

According to the supplied comments, Section 256 may still apply.

Q39. Give an example involving property forfeiture.

Answer:

Suppose an official responsible for preparing a record knowingly falsifies it so that property which is legally liable to forfeiture appears not to be liable.

Section 256 may apply.

Q40. Give an example where Section 256 may not apply.

Answer:

Suppose a public servant accidentally writes an incorrect date in a record due to an innocent clerical mistake.

If he did not know the entry was incorrect and lacked any of the prohibited intentions or states of knowledge, Section 256 would not be established.

Q41. Is actual fabrication necessary in a technical sense?

Answer:

The supplied comments refer to fabrication or falsification, but the statutory wording itself is:

“frames that record or writing in a manner which he knows to be incorrect”

For examination purposes, the statutory wording should be remembered.

Q42. Why is Section 256 an offence against the integrity of official records?

Answer:

Because official decisions and legal consequences often depend on records prepared by public servants.

Knowingly incorrect records can:

• Distort justice;
• Cause injury;
• Shield offenders;
• Prevent lawful forfeiture.

The section therefore protects the reliability of official documentation.

Q43. What is the punishment under Section 256?

Answer:

The punishment is:

• Imprisonment of either description up to three years; or
• Fine; or
• Both.

Q44. What does “imprisonment of either description” mean?

Answer:

It means:

• Simple imprisonment; or
• Rigorous imprisonment.

The supplied comments also expressly note that the punishment may be simple or rigorous imprisonment up to three years.

Q45. What is the maximum imprisonment?

Answer:

Three years

Q46. Is any specific maximum fine mentioned?

Answer:

No.

The supplied provision simply provides:

Fine or both

without stating a fixed monetary ceiling.

Q47. What is the classification of Section 256?

Answer:

According to the supplied classification:

• Cognizable
• Bailable
• Magistrate of the First Class

Memory

C + B + MFC

Q48. Is Section 256 cognizable?

Answer:

Yes.

It is:

Cognizable

Q49. Is Section 256 bailable?

Answer:

Yes.

It is:

Bailable

Q50. Which Court may try the offence?

Answer:

According to the supplied classification:

Magistrate of the First Class

Q51. How does Section 256 differ from Section 257?

Answer:

Section 256

Focuses on a public servant who knowingly prepares an incorrect record or writing with prohibited intent or knowledge.

Section 257

Focuses on a public servant who, in a judicial proceeding, corruptly or maliciously makes or pronounces a report, order, verdict or decision knowing it to be contrary to law.

Memory

256 = FALSE OFFICIAL RECORD

257 = CORRUPT JUDICIAL DECISION

Q52. How does Section 256 differ from Section 258?

Answer:

Section 256

The wrongdoing lies in:

Knowingly preparing an incorrect record

Section 258

The wrongdoing lies in:

Corruptly or maliciously committing or keeping a person in confinement contrary to law

Q53. What common feature links Sections 256–258?

Answer:

All three concern misuse of official authority, but the acts differ:

• 256 = falsifying an official record;
• 257 = corrupt or malicious judicial determination;
• 258 = corrupt or malicious commitment or confinement.

Q54. What is the easiest exam test for Section 256?

Answer:

Ask:

1.     Is the accused a public servant?

2.     Is he officially charged with preparing the record or writing?

3.     Did he frame it incorrectly?

4.     Did he know it was incorrect?

5.     Did he intend or know it was likely to:

o    Cause loss/injury;

o    Save a person from punishment; or

o    Save property from forfeiture/legal charge?

If yes, Section 256 may apply.

Q55. What is the shortest memory formula?

Answer:

“PUBLIC SERVANT + KNOWINGLY FALSE OFFICIAL RECORD + HARM/SAVE PERSON/SAVE PROPERTY = 256.”

Key Provisions (Study Notes)

1. Special Offender

The accused must be:

A PUBLIC SERVANT

2. Official Duty

The public servant must be:

CHARGED WITH PREPARING THE RECORD OR WRITING

3. Incorrect Record

The record or writing must be framed:

IN A MANNER KNOWN TO BE INCORRECT

4. First Prohibited Objective

To cause or likely cause:

LOSS OR INJURY TO THE PUBLIC OR ANY PERSON

5. Second Prohibited Objective

To save or likely save:

ANY PERSON FROM LEGAL PUNISHMENT

This may, according to the supplied comments, include the public servant himself.

6. Third Prohibited Objective

To save or likely save:

PROPERTY FROM FORFEITURE OR OTHER LEGAL CHARGE

Mental Element Study Notes

Section 256 requires two layers:

Layer One

Knowledge that the record is incorrect.

Layer Two

Intent or knowledge of likelihood concerning one of the specified consequences.

Memory

KNOW FALSE + INTEND/KNOW CONSEQUENCE

Punishment Study Notes

Punishment:

• Imprisonment of either description up to 3 years; or
• Fine; or
• Both.

Memory

256 = 3 YEARS / FINE / BOTH

Classification Study Notes

Section 256 is:

• Cognizable
• Bailable
• Triable by Magistrate of the First Class

Memory

C + B + MFC

Difference Between Section 256 and Section 257

Section 256 — Incorrect Record

The public servant is responsible for preparing a record or writing and knowingly prepares it incorrectly.

The prohibited purposes include:

• Causing loss/injury;
• Saving a person from punishment;
• Saving property from forfeiture.

Memory

FALSE RECORD

Section 257 — Contrary Judicial Decision

The public servant, in a judicial proceeding, corruptly or maliciously makes:

• Report;
• Order;
• Verdict;
• Decision,

knowing it is contrary to law.

Memory

FALSE/CORRUPT JUDICIAL OUTCOME

Quick Revision Notes

Section

256 BNS

Title

Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

IPC Equivalent

218 IPC

Offender

Public servant.

Special Duty

Charged with preparation of record or writing.

Act

Frames it in a manner known to be incorrect.

Prohibited Purposes

• Cause loss/injury;
• Save person from legal punishment;
• Save property from forfeiture;
• Save property from other legal charge.

Mental Element

Knowledge of incorrectness + intent or knowledge of likely consequence.

Punishment

Up to 3 years / fine / both

Classification

Cognizable + Bailable + Magistrate First Class

Exam Traps

Trap 1 — Forgetting the offender must be a public servant

A private person's false writing does not fall under this specific provision.

Trap 2 — Forgetting the official duty to prepare the record

The public servant must be charged with preparation of that record or writing.

Trap 3 — Treating an innocent clerical error as sufficient

Incorrect.

The record must be knowingly incorrect.

Trap 4 — Forgetting the second mental element

Knowing the record is wrong is not enough by itself.

There must also be the required intent or knowledge concerning the prohibited consequence.

Trap 5 — Thinking only saving another person is covered

According to the supplied comments, the public servant may also be trying to save himself.

Trap 6 — Thinking actual loss must occur

Incorrect.

Intent or knowledge that loss/injury is likely can suffice.

Trap 7 — Thinking the person must actually escape punishment

Incorrect.

Intent to save or knowledge that the act is likely to save is enough.

Trap 8 — Forgetting property

The section also protects lawful forfeiture and other legal charges affecting property.

Trap 9 — Confusing Section 256 with Section 257

Remember:

256 = incorrect official record

257 = corrupt/malicious judicial report/order/verdict/decision

Rapid Revision Chain: Sections 256–265

256

Public servant knowingly falsifies official record to cause harm or save person/property.

Memory

FALSE RECORD

257

Public servant corruptly/maliciously makes judicial report/order/verdict/decision contrary to law.

Memory

WRONG JUDICIAL DECISION

258

Authority corruptly/maliciously commits or keeps person in confinement contrary to law.

Memory

WRONG CONFINEMENT

259

Public servant intentionally fails to apprehend person at charge/apprehension stage.

Memory

INTENTIONAL — CHARGE

260

Public servant intentionally fails regarding person under sentence/lawful custody.

Memory

INTENTIONAL — SENTENCE

261

Public servant negligently allows escape.

Memory

NEGLIGENCE

262

Person resists own apprehension or escapes.

Memory

SELF

263

Person obstructs apprehension or rescues another.

Memory

ANOTHER

264

Residual public-servant failure.

Memory

PUBLIC SERVANT FALL-BACK

265

Residual resistance/escape/rescue provision.

Memory

GENERAL FALL-BACK

Ultimate Memory Formula

SECTION 256

PUBLIC SERVANT

+

OFFICIAL DUTY TO PREPARE RECORD/WRITING

+

KNOWINGLY INCORRECT RECORD

+

INTENT / KNOWLEDGE OF LIKELIHOOD TO:

CAUSE LOSS OR INJURY

OR

SAVE PERSON FROM LEGAL PUNISHMENT

OR

SAVE PROPERTY FROM FORFEITURE / LEGAL CHARGE

= SECTION 256

Shortest Memory Rule

“FALSE OFFICIAL RECORD TO HARM OR SHIELD = 256.”

Key Takeaway

Section 256 BNS punishes a public servant who is officially responsible for preparing a record or writing and knowingly prepares it incorrectly with the intent, or knowledge of likelihood, that the falsification will:

• Cause loss or injury to the public or any person;
• Save a person from legal punishment; or
• Save property from forfeiture or another legal charge.

According to the supplied comments, the provision can also apply where the public servant falsifies the record to save himself.

The punishment is:

Imprisonment of either description up to 3 years, or fine, or both.

The offence is:

Cognizable + Bailable + Triable by Magistrate of the First Class.

According to the supplied comments:

Section 256 BNS = Section 218 IPC

and the provision has been retained without substantive change.

Final Memory Line

“256 = PUBLIC SERVANT + FALSE OFFICIAL RECORD + KNOWINGLY INCORRECT + HARM/SAVE PERSON/SAVE PROPERTY.”