IPC Section 218 and BNS Section 256: Public Servant Preparing an Incorrect Record

Section 218 of the Indian Penal Code, 1860 addressed a public servant who knowingly prepared an incorrect official record or writing to cause loss or injury, shield a person from lawful punishment, or protect property from forfeiture or another lawful charge. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 256.

Meaning and scope of Section 218 IPC

The provision applies where a public servant, entrusted in that capacity with preparing a record or other writing, deliberately prepares it in a way the public servant knows is incorrect. The required intention or knowledge must relate to one or more specified consequences: loss or injury to the public or another person; saving a person from legal punishment; or saving property from forfeiture or another legally imposed charge.

Corresponding provision: Section 256 BNS

Section 256 BNS substantially retains the substance of the former IPC Section 218. It criminalises knowingly incorrect preparation of an official record or writing by a responsible public servant where the specified harmful or protective intent, or awareness of likely consequences, exists.

Read the authoritative Bharatiya Nyaya Sanhita, 2023 (official India Code PDF) and the official IPC-to-BNS correspondence table.

Essential ingredients of the offence

• Public servant: The accused must be a public servant within the applicable statutory definition.
• Official responsibility: Preparing the record or writing must fall within the person's public duties.
• Knowledge of inaccuracy: The record or writing must have been framed in a manner known to be incorrect.
• Specified intent or knowledge: The accused must intend, or know it likely, that the act will cause loss or injury, save someone from legal punishment, or protect property from forfeiture or a lawful charge.

An ordinary clerical error, without the required knowledge and intent or awareness of likely consequences, does not by itself establish this offence.

Punishment and classification

These procedural classifications are stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). See the official BNSS schedule.

Illustrative example

Suppose an officer responsible for an official record knowingly enters false information to shield a person from legal punishment. If the required statutory elements are proved, Section 256 BNS may apply to conduct on or after 1 July 2024. Whether any additional offence is made out depends on the evidence and circumstances.

Difference between IPC Section 218 and BNS Section 256

The primary change is the statutory framework and section number, rather than a material change to the offence or its maximum punishment. IPC Section 218 is the historical provision; BNS Section 256 is the corresponding current provision. They should not be applied interchangeably without checking when the alleged act occurred.

Frequently asked questions

Is IPC Section 218 still applicable?

It can remain relevant to acts committed before 1 July 2024, subject to the applicable repeal-and-savings rules. BNS Section 256 ordinarily governs relevant acts committed from 1 July 2024 onward.

Is Section 256 BNS bailable?

Yes. The BNSS First Schedule classifies it as bailable and cognizable.

What is the maximum imprisonment?

Three years. The court may instead impose a fine, or impose both imprisonment and fine, as permitted by law.

Does every incorrect official record amount to an offence?

No. The prosecution must establish the relevant public duty, knowledge that the record is incorrect, and the statutory intent or knowledge of likely consequences.

Official legal references

• Bharatiya Nyaya Sanhita, 2023 - Section 256
• National Crime Records Bureau - IPC and BNS correspondence
• BNSS First Schedule - offence classification
• Indian Penal Code, 1860 - historical Section 218 text

This article provides general legal information, not advice on a particular criminal proceeding.