Section 255 BNS: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

Bharatiya Nyaya Sanhita, 2023

Section 255 BNS at a Glance

Section 255 BNS deals with public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 217 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to two years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 217 →

Section 255 BNS Bare Act Text

255. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Source: Section 255, Bharatiya Nyaya Sanhita, 2023

Section 255 BNS in Simple Words

Section 255 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who knowingly disobeys the law while acting in an official capacity, and does so with the intention of saving someone from punishment or saving property from forfeiture. In simple terms, this section targets misuse of official power, not a mere error or procedural lapse. The key point is the deliberate intention behind the act.

The public servant must know the legal direction and still choose to ignore it for an improper purpose. This provision applies only to public servants. It is often relevant where an officer uses his or her position to shield a person from lawful consequences, or to protect property that should legally be taken away, attached, or forfeited.

The law treats this seriously because such conduct can defeat justice and weaken public trust in administration. In practice, this section is used where evidence shows conscious abuse of authority, not innocent mistake or negligence.

Ingredients of Section 255 BNS

  • Status of the accused as a public servant
  • Direction of the law governing conduct as such public servant
  • Knowing disobedience of that direction by the public servant
  • Intention or knowledge of likelihood that such disobedience will save a person from punishment or property from forfeiture

Punishment Under Section 255 BNS

Imprisonment

Imprisonment of either description for a term which may extend to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Disobedience to a direction of law by a public servant to save a person from punishment or property from forfeiture carries imprisonment of either description for up to two years, or fine, or both.

Example of Section 255 BNS

Sub-Inspector Mohan in Bilaspur seizes cattle being transported in breach of a law that directs him to record every such seizure and produce the seized cattle before the Magistrate. The cattle belong to an acquaintance. Mohan knowingly disobeys that direction and releases the cattle without recording the seizure, intending to save the owner from legal punishment and the cattle from forfeiture. Mohan is liable under Section 255 BNS.

When Section 255 BNS Does Not Apply

  • The accused was not a public servant at the time of the alleged act or omission
  • There was no direction of the law regulating the conduct of the public servant, or the accused did not knowingly disobey any such direction
  • The accused neither intended nor knew it to be likely that the disobedience would save any person from legal punishment or subject him to less punishment, or save any property from forfeiture or any charge to which it is liable by law

Section 255 BNS in the IPC (Previous Law)

Section 255 BNS replaces Section 217 IPC from the old criminal code.

Section 217 IPC is now Section 255 BNS, with the same title, the same words and the same punishment.

View IPC Section 217 →

FAQs on Section 255 BNS

Who can be punished under Section 255 BNS?▼

Only a public servant can be punished under this section. A private person cannot be prosecuted under it, even if they influenced the act. The section focuses on abuse of official duty.

Does every mistake by a public servant fall under Section 255 BNS?▼

No. There must be a clear and knowing disobedience of a legal direction. A genuine mistake, confusion, or negligence is not enough unless the required intention or knowledge is proved.

Under Section 255 BNS, what must the prosecution prove in practice?▼

It must show the legal duty, the deliberate breach of that duty, and the specific intent or knowledge of likelihood to save a person from punishment or property from forfeiture or charge. Without proof of that mental element, the case usually fails.

Is the offence under Section 255 BNS serious enough for arrest?▼

It is a bailable and non-cognizable offence. That means arrest is not automatic, and police powers are more limited than in serious cognizable offences.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·