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 that he is likely thereby to 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.
Simplified Explanation
This section penalizes negligent or intentional misconduct by public servants in relation to the preparation of official records or writings.
Key Provisions
- Who is Liable?
- Public Servants who:
- Are charged with the preparation of any record or other writing as part of their official duties.
- They frame the record or writing in a way that they know to be incorrect.
- Public Servants who:
- Intent or Knowledge:
- The liability arises when the incorrect record or writing is made:
- With intent to cause loss or injury to the public or any person.
- Knowing it is likely to cause such loss or injury.
- With intent to protect a person from legal punishment or impose a lesser punishment than prescribed.
- Knowing it is likely to save property from forfeiture or lawful charges.
- The liability arises when the incorrect record or writing is made:
- Punishment:
- Imprisonment: Up to 3 years (simple or rigorous).
- Fine: Monetary penalty, as determined by the court.
- Combination: Both imprisonment and fine can be imposed.
Legal Implications:
- This section ensures accountability of public servants by penalizing deliberate or negligent acts that lead to the preparation of false records.
- Such misconduct undermines justice and public trust in the administration.
- It addresses scenarios where public servants misuse their position to:
- Protect individuals from lawful punishment.
- Prevent the forfeiture of property or evasion of lawful charges.
Key Differences from Section 255:
- While Section 255 focuses on the general disobedience of lawful directions by public servants, Section 256 specifically targets the incorrect preparation of official records or writings.
Practical Impact:
This provision safeguards the integrity of official documents, which are critical for the enforcement of legal and administrative processes. It deters public servants from falsifying records for personal or external gain.
