Bharatiya Nyaya Sanhita: Section 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.

BNSS Classification

• Imprisonment for 2 years, or fine, or both.
• Non-cognizable
• Bailable
• Triable by Any Magistrate.

Simplified Explanation

This section imposes penalties on public servants who knowingly disobey legal obligations to protect individuals from punishment or property from lawful forfeiture.

Key Provisions

1. Who is Liable?
   • Public Servants:
     • Any individual classified as a public servant under the law.
   • The liability arises when the public servant knowingly disobeys any legal direction applicable to their role with:
     • Intent to save a person from punishment or impose a lesser punishment than prescribed by law.
     • Intent to save property from legal forfeiture or charges.
2. Punishment:
   • Imprisonment: Up to 2 years (simple or rigorous).
   • Fine: Monetary penalty as determined by the court.
   • Combination: Both imprisonment and fine can be imposed.
3. Intent or Knowledge:
   • The public servant must act with:
     • Intention: Deliberate aim to achieve the wrongful outcome.
     • Knowledge: Awareness that their disobedience is likely to lead to the wrongful outcome.

BNSS Classification

• Type of imprisonment: Simple or rigorous.
• Maximum term: 2 years.
• Fine: Optional; can be imposed alone or alongside imprisonment.
• Cognizability: Non-cognizable offence (police require prior approval of a magistrate to investigate).
• Bailability: Bailable offence (the accused can apply for bail as a right).
• Trial: Triable by any magistrate, providing flexibility in the judicial process.

Legal Implications:

• This section ensures accountability of public servants by penalizing actions that compromise the enforcement of justice or undermine the law.
• It discourages misuse of official powers to favor individuals or shield property from lawful forfeiture.
• It serves to maintain public trust in the neutrality and integrity of public servants.

Key Distinction:

• Unlike sections targeting private individuals aiding offenders, Section 255 specifically addresses the misuse of official power or duty by public servants.

This provision acts as a safeguard against corruption and partiality within the ranks of public officials, reinforcing the rule of law.