IPC Section 167: Public Servant Framing an Incorrect Document - BNS Section 201
Former Section 167 of the Indian Penal Code, 1860 addressed a public servant who knowingly prepared or translated an incorrect document or electronic record with intent to cause injury, or knowledge that injury was likely. The corresponding current provision is Section 201 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Earlier law: IPC Section 167.
Current law: BNS Section 201, in force from 1 July 2024.
Punishment: Imprisonment of either description up to three years, or fine, or both.
Core requirement: A public servant responsible for preparing or translating a document or electronic record knowingly or believing it to be incorrect does so intending to cause injury or knowing that injury is likely.
IPC Section 167: Meaning and original provision
The former law applied where a person was a public servant, was charged in that capacity with preparing or translating a document or electronic record, and knowingly or believing it to be incorrect prepared or translated it in that incorrect manner, intending to cause injury or knowing that injury was likely.
Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
The wording above reproduces the substantive provision in the uploaded historical article. The former IPC remains relevant to incidents governed by it, subject to applicable repeal, savings and transitional law.
BNS Section 201: Current corresponding law
Section 201 of the Bharatiya Nyaya Sanhita, 2023 addresses a public servant framing, preparing or translating a document or electronic record in a manner known or believed to be incorrect, intending to cause injury or knowing that injury is likely. It substantially continues the offence formerly found in IPC Section 167.
The BNS came into force on 1 July 2024. The section number is different: IPC 167 corresponds to BNS 201. Do not confuse it with BNS Section 167, which deals with a different subject.
Essential ingredients of the offence
- Status: The accused must be a public servant within the applicable statutory definition.
- Official responsibility: The public servant must be charged, in that capacity, with preparing or translating the relevant document or electronic record.
- Incorrect record: The document or electronic record must be framed, prepared or translated in a manner the public servant knows or believes to be incorrect.
- Required mental element: The public servant must intend thereby to cause injury to a person or know that injury is likely.
Injury is a legal concept that can include harm unlawfully caused to a person's body, mind, reputation or property, under the applicable statutory definition. A mistaken entry alone does not automatically establish the knowledge and intention required by this offence.
Punishment under IPC Section 167 and BNS Section 201
| Issue | Position |
|---|---|
| Former provision | IPC Section 167 |
| Current provision | BNS Section 201 |
| Maximum imprisonment | Three years |
| Type of imprisonment | Either description (simple or rigorous) |
| Fine | Fine may be imposed instead of, or along with, imprisonment; the section does not specify a fixed maximum fine |
| Applicability | Depends on the date of the alleged act and relevant transitional provisions |
The statutory provision permits imprisonment, fine, or both. Whether a particular case meets the elements depends on evidence of official responsibility, incorrect preparation and the required state of mind.
Practical illustrations
Example 1: Knowingly incorrect government record
A public official responsible for preparing a land-related record knowingly inserts false information to deprive a person of a lawful benefit. If the required intent or knowledge of likely injury is proved, Section 201 may be attracted.
Example 2: Deliberately mistranslated document
A public servant officially assigned to translate a document deliberately changes a material statement, knowing the alteration is likely to injure a party. The facts may satisfy the statutory ingredients.
Example 3: Unintentional typing mistake
A clerk makes a genuine transcription mistake without knowing or believing it to be incorrect and without the required intention or knowledge of likely injury. The mistake alone does not prove this offence, although correction or administrative action may be appropriate.
Example 4: Electronic record
An officer charged with preparing an official electronic record knowingly alters a material entry to harm an applicant. Electronic records are expressly within the scope of the provision.
Difference from related offences by public servants
| Former IPC provision | Current BNS provision | Subject |
|---|---|---|
| IPC 166 | BNS 198 | Public servant knowingly disobeying law with intent or knowledge of likely injury |
| IPC 166A | BNS 199 | Specified disobedience of legal directions by a public servant |
| IPC 166B | BNS 200 | Contravention of statutory hospital treatment duties |
| IPC 167 | BNS 201 | Knowingly incorrect official document or electronic record with intent or knowledge of likely injury |
Each offence has different ingredients. The existence of an inaccurate official document does not automatically establish every related public-servant offence.
Documents and evidence relevant to a complaint
Depending on the facts, relevant materials may include the original and disputed versions of the record, official instructions assigning preparation or translation duties, correspondence, electronic audit trails, certified copies, and evidence of the public servant's knowledge and the anticipated injury. The applicable procedural rules and admissibility requirements must be followed.
Frequently asked questions
What is IPC Section 167?
IPC Section 167 punished a public servant responsible for preparing or translating a document or electronic record who knowingly or believing it incorrect prepared it with intent or knowledge of likely injury to another person.
Which BNS section corresponds to IPC Section 167?
Section 201 of the Bharatiya Nyaya Sanhita, 2023 corresponds to former IPC Section 167.
What is the punishment under BNS Section 201?
Imprisonment of either description for up to three years, or fine, or both.
Does the law cover electronic records?
Yes. Both the former IPC provision and BNS Section 201 cover documents and electronic records prepared or translated by a public servant in the course of the relevant duty.
Does an accidental clerical error automatically constitute this offence?
No. The prosecution must establish knowledge or belief that the record is incorrect and intent to cause injury or knowledge that injury is likely. Mere negligence is not sufficient by itself.
Is actual injury essential for the offence?
The provision focuses on the specified intention or knowledge of likely injury. Actual injury is not expressly a separate prerequisite, though evidence of consequences may be relevant.
Official legal sources
- India Code - official central legislation (search for the Bharatiya Nyaya Sanhita, 2023, Section 201).
- Bharatiya Nyaya Sanhita, 2023 - India Code PDF.
- NCRB - IPC to BNS section correspondence.
- Ministry of Home Affairs - Indian Penal Code, 1860 (historical PDF).
- Gazette of India - legislation and notifications.
Updated October 2026. This article is for general legal information. Verify the applicable statute, amendments, commencement and case-specific legal position before relying on it.