Section 218 IPC: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
Indian Penal Code, 1860
Section 218 IPC at a Glance
Section 218 IPC 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; from 1 July 2024 it is replaced by Section 256 BNS.
Imprisonment of either description for a term which may extend to three years.
Section 218 IPC Bare Act Text
218. 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 218, Indian Penal Code, 1860
Section 218 IPC in Simple Words
Section 218 of the Indian Penal Code (IPC) punishes a public servant who is charged with the preparation of any record or other writing and frames that record or writing in a manner which he knows to be incorrect. The act must be done 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 to save or knowing it to be likely to save any person from legal punishment, or to save any property from forfeiture or other legal charge.
The punishment is imprisonment of either description for up to three years, or fine, or both. The offence is cognizable and bailable, and it is triable by a Magistrate of the first class.
Ingredients of Section 218 IPC
- The accused was a public servant
- The accused was, as such public servant, charged with the preparation of a record or other writing
- The accused framed that record or writing in a manner which he knew to be incorrect
- The accused acted with intent to cause or knowing it to be likely that he would cause loss or injury to the public or to any person, or with intent to save or knowing it to be likely that he would save any person from legal punishment, or with intent to save or knowing that he was likely to save any property from forfeiture or other legal charge
Punishment Under Section 218 IPC
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 218 IPC
When Section 218 IPC Does Not Apply
- Section 218 IPC does not apply when the person who prepares the incorrect document is not a public servant officially charged with preparing that record or writing.
- Section 218 IPC does not apply if the public servant makes a clerical mistake in good faith without knowing that the record or writing is incorrect.
- Section 218 IPC does not apply where the public servant lacks the intent or knowledge of likelihood to cause loss or injury, to save anyone from legal punishment, or to save any property from forfeiture or a legal charge.
Section 218 IPC in the BNS
Section 218 IPC is now covered under Section 256 BNS.
Section 218 IPC is now Section 256 BNS, with the same title, the same words and the same punishment.
View detailed comparison (IPC 218 vs BNS 256) βFAQs on Section 218 IPC
What does Section 218 IPC punish?βΌ
It punishes a public servant charged with preparing any record or writing who knowingly frames it incorrectly to cause injury or to save a person from punishment or property from forfeiture.
What is the punishment under Section 218 IPC?βΌ
Imprisonment of either description for a term which may extend to three years, or fine, or both.
Must the accused be officially charged with preparing the record under Section 218 IPC?βΌ
Yes. The section specifically requires that the public servant be, as such public servant, charged with the preparation of that record or writing.
Is an offence under Section 218 IPC cognizable and bailable?βΌ
It is cognizable and bailable.
Which court tries an offence under Section 218 IPC?βΌ
A Magistrate of the first class.
Can an offence under Section 218 IPC be compounded?βΌ
No. Section 218 IPC is not compoundable under Section 320 CrPC.
Where is Section 218 IPC located in the Bharatiya Nyaya Sanhita?βΌ
In Section 256 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 Β· Last updated: 16 Oct 2026 Β·