Section 256 BNS: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
Bharatiya Nyaya Sanhita, 2023
Section 256 BNS at a Glance
Section 256 BNS deals with public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. It is bailable and cognizable, triable by Magistrate of the first class; it replaced Section 218 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to three years.
Section 256 BNS Bare Act Text
256. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Source: Section 256, Bharatiya Nyaya Sanhita, 2023
Section 256 BNS in Simple Words
Section 256 of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who is charged with preparing any record or other writing and frames that record or writing in a manner he knows to be incorrect. The offence applies when this is done with intent to cause, or knowing it is likely to cause, loss or injury to the public or to any person, or to save any person from legal punishment, or to save any property from forfeiture or other lawful charge.
This provision applies only to a public servant acting in relation to an official record or writing that he is charged with preparing. It is not about a private person making a false document. The key point is knowledge and wrongful intent.
The record must be framed incorrectly on purpose, not by mere clerical error or negligence. In practice, this section matters in cases involving revenue records, police records, court-related records, municipal registers, and other official documents where accuracy has legal consequences.
Ingredients of Section 256 BNS
- Public servant charged with the preparation of a record or writing
- Framing of that record or writing in a manner known to be incorrect
- Intent or knowledge of likelihood of causing loss or injury, saving a person from legal punishment, or saving property from forfeiture or charge
Punishment Under Section 256 BNS
Imprisonment of either description for a term which may extend to three years.
The offender may be punished with fine alone or with both imprisonment and fine.
A public servant framing an incorrect record or writing with intent to cause injury or to save a person from punishment or property from forfeiture faces imprisonment of either description for up to three years, or fine, or both.
Example of Section 256 BNS
When Section 256 BNS Does Not Apply
- The accused was not a public servant charged with the preparation of the record or other writing
- The record or writing was not framed in a manner known to be incorrect
- The accused acted without intent or knowledge of likelihood to cause loss or injury to the public or any person, and without intent or knowledge to save any person from legal punishment or any property from forfeiture or legal charge
Section 256 BNS in the IPC (Previous Law)
Section 256 BNS replaces Section 218 IPC from the old criminal code.
Section 218 IPC is now Section 256 BNS, with the same title, the same words and the same punishment.
View IPC Section 218 →FAQs on Section 256 BNS
Does Section 256 BNS apply to every false record made by a government officer?▼
No. The section applies only when the person is a public servant charged with preparing the record or writing and frames it in a manner he knows to be incorrect with the required wrongful intent or knowledge of likelihood. A mistake, oversight, or routine clerical error will not be enough.
Under Section 256 BNS, what if the false entry was made to help a relative or friend?▼
That can still attract liability if the public servant knowingly framed the incorrect record to cause loss or injury, to save that person from legal punishment, or to protect property from forfeiture or lawful charge. The relationship does not excuse the act.
Is actual loss or escaping punishment necessary for Section 256 BNS to apply?▼
No. The offence is complete once the incorrect record or writing is knowingly framed with the required intent or knowledge of likelihood. The law does not require that the person must actually escape punishment or that loss or injury must actually occur.
How is Section 256 BNS different from ordinary forgery?▼
Ordinary forgery can be committed by anyone and usually involves making a false document to cause damage or support a claim. Section 256 BNS specifically targets public servants charged with preparing a record or writing who frame it incorrectly for the prohibited purposes.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·