Section 217 IPC: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

Indian Penal Code, 1860

Section 217 IPC at a Glance

Section 217 IPC 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; from 1 July 2024 it is replaced by Section 255 BNS.

Punishment

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

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

Section 255 →

Section 217 IPC Bare Act Text

217. 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 217, Indian Penal Code, 1860

Section 217 IPC in Simple Words

Section 217 of the Indian Penal Code (IPC) punishes a public servant who knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant. The disobedience must be accompanied by the intention or knowledge of likelihood that it will save any person from legal punishment, subject him to a lesser punishment than that to which he is liable, or save any property from forfeiture or any legal charge.

The punishment is imprisonment of either description for up to two years, or fine, or both. The offence is non-cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 217 IPC

  • The accused was a public servant
  • There was a direction of the law as to the way in which he was to conduct himself as such public servant
  • The accused knowingly disobeyed that direction of the law
  • The accused intended thereby to save, or knew it to be likely that he would thereby save, any person from legal punishment or subject him to less punishment, or intended to save or knew that he was likely thereby to save any property from forfeiture or charge to which it was liable by law

Punishment Under Section 217 IPC

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 217 IPC

In 2016 in Vellore, Excise Inspector Prabhakar intercepted a lorry carrying unlicensed liquor belonging to his cousin Nitin. A statutory rule directed Prabhakar, in his capacity as an excise officer, to attach the lorry and initiate confiscation proceedings so that the vehicle would be forfeited to the government. Prabhakar knowingly disobeyed that legal direction and allowed Nitin to drive the lorry away, intending thereby to save Nitin from legal punishment and to save the lorry from statutory forfeiture. Prabhakar is punishable under Section 217 IPC.

When Section 217 IPC Does Not Apply

  • Section 217 IPC does not apply when the person committing the act or omission is not a public servant.
  • Section 217 IPC does not apply if the public servant does not knowingly disobey a legal direction governing his official conduct.
  • Section 217 IPC does not apply where the disobedience is committed without any intention or knowledge of likelihood of saving a person from legal punishment, reducing his punishment, or saving property from forfeiture or a legal charge.

Section 217 IPC in the BNS

Section 217 IPC is now covered under Section 255 BNS.

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

View detailed comparison (IPC 217 vs BNS 255) →

FAQs on Section 217 IPC

What does Section 217 IPC punish?▼

It punishes a public servant who knowingly disobeys a direction of law governing his official conduct, intending or knowing it to be likely thereby to save any person from punishment or property from forfeiture.

What is the punishment under Section 217 IPC?▼

Imprisonment of either description for a term which may extend to two years, or fine, or both.

Does Section 217 IPC require a specific intention or knowledge?▼

Yes. The public servant must intend to save a person from legal punishment or subject him to less punishment, or intend or know it to be likely to save property from forfeiture or legal charge.

Is an offence under Section 217 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 217 IPC?▼

Any Magistrate.

Can an offence under Section 217 IPC be compounded?▼

No. Section 217 IPC is not compoundable under Section 320 CrPC.

Where is Section 217 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 255 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·