Bharatiya Nyaya Sanhita: Section 257 – Public servant in judicial proceeding corruptly making report, etc., contrary to law

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

BNSS Classification

• Imprisonment for 7 years, or fine, or both.
• Non-cognizable
• Bailable
• Triable by Magistrate of the first class.

Simplified Explanation

This section addresses corruption or malice by public servants who act against the law during judicial proceedings.

Key Provisions

1. Who is Liable?
   • Public Servants involved in any stage of a judicial proceeding.
   • Examples of such roles may include judges, magistrates, or other officials empowered to make judicial decisions.
2. Nature of the Act:
   • The public servant:
     • Corruptly: Acts with dishonest intentions, such as personal gain or undue influence.
     • Maliciously: Acts with intent to harm someone or disregard their rights.
   • The act involves making or pronouncing:
     • A report (e.g., findings or analysis submitted in a case).
     • An order (e.g., directions or commands issued in the proceeding).
     • A verdict (e.g., a decision on the outcome of a trial).
     • A decision (e.g., judgment on legal issues).
3. Knowledge of Illegality:
   • The public servant must know that their action is contrary to the law.
   • This implies that ignorance of the law is not a defense, as the act is deliberate and informed.
4. Punishment:
   • Imprisonment: Up to 7 years (simple or rigorous).
   • Fine: Monetary penalty as determined by the court.
   • Combination: Both imprisonment and fine may be imposed.

Legal Implications:

• This section aims to uphold the integrity and impartiality of judicial proceedings by penalizing deliberate misuse of power by public servants.
• It ensures accountability and deters public servants from undermining justice through corruption or malice.

Key Elements to Prove Guilt:

• Public servant status: The accused must be acting in an official capacity within a judicial proceeding.
• Intent: Corrupt or malicious motives must be established.
• Knowledge: The accused must be aware that their actions are contrary to the law.

Practical Impact:

This provision safeguards public confidence in the judicial system by penalizing misconduct at its very core. It ensures that judicial decisions remain fair, lawful, and free from personal or external biases.