IPC Section 219 and BNS Section 257: Corrupt Judicial Reports or Decisions by Public Servants

Section 219 of the Indian Penal Code, 1860 penalised a public servant who corruptly or maliciously made a report, order, verdict or decision in a judicial proceeding, knowing it to be contrary to law. The corresponding current provision is Section 257 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Text of IPC Section 219 and BNS Section 257

The substantive wording of these two provisions is the same:

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Official statutory text: BNS Chapter XIV (NCRB, Ministry of Home Affairs) and Bharatiya Nyaya Sanhita, 2023 (court-hosted PDF).

Essential ingredients of the offence

1. Public servant: The accused must be a public servant within the applicable statutory definition.
2. Judicial proceeding: The conduct must occur at some stage of a judicial proceeding.
3. Relevant act: The public servant makes or pronounces a report, order, verdict or decision.
4. Knowledge: The public servant knows that the report, order, verdict or decision is contrary to law.
5. Corrupt or malicious conduct: The act must be done corruptly or maliciously; an ordinary error or mere disagreement with a decision does not by itself establish this offence.

Punishment and classification under BNS Section 257

Classification source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), official NCRB resource.

What do the legal expressions mean?

Corruptly or maliciously

The provision requires dishonest or improper motivation, or malicious action, in the making or pronouncing of the relevant judicial report or decision. Proof depends on the facts and evidence of each case.

Knowing it to be contrary to law

The prosecution must establish the required knowledge; the fact that a higher court reverses an order is not, by itself, proof of the offence.

Non-cognizable and bailable

For a non-cognizable offence, police ordinarily cannot arrest without a warrant merely on the basis of that offence. A bailable classification gives an eligible accused the statutory right to bail, subject to applicable procedure.

Distinction from related offences

BNS Section 256 (formerly IPC Section 218) concerns a public servant knowingly framing an incorrect record or writing with specified harmful or protective intent. BNS Section 258 (formerly IPC Section 220) concerns unlawful commitment for trial or confinement by an authorised person. Section 257 specifically concerns corrupt or malicious reports or decisions in judicial proceedings.

Complaints and procedural safeguards

Where allegations concern conduct in judicial proceedings, questions of the proper complaint procedure, statutory bars on cognizance, sanction or judicial protections may arise. The BNSS and other applicable laws must be examined in the particular circumstances. A mistaken decision alone does not establish criminal liability.

Frequently asked questions

Is BNS Section 257 bailable?

Yes. The BNSS First Schedule classifies it as bailable.

Is BNS Section 257 cognizable?

No. It is classified as non-cognizable.

What is the maximum punishment?

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

Does IPC Section 219 still matter?

Yes. It can remain relevant for offences committed before 1 July 2024 and for the interpretation of corresponding statutory language, subject to applicable savings and transition rules.

Official references

• BNS provisions - National Crime Records Bureau
• BNSS First Schedule - classification of offences
• BNS Act text - official court website

This article provides general legal information, not case-specific legal advice. Consult the current statutory text and relevant judicial decisions for any proceeding.