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.
IPC Section 217: Simplified Explanation
IPC Section 217 of the Indian Penal Code deals with the offence committed by a public servant who knowingly disobeys any direction of the law concerning the public servant’s office, intending to save a person from punishment or property from forfeiture. This section targets misconduct by public officials who abuse their power to protect individuals from legal consequences or to prevent the legal confiscation of property.
The objective of this section is to maintain the integrity and accountability of public servants by ensuring they adhere to the rule of law and do not engage in corrupt practices.
Is IPC Section 217 bailable?
Yes, IPC Section 217 is a bailable offence. This means that an individual accused under this section has the right to seek bail from the court, and the court is likely to grant bail as per the legal provisions.
IPC Section 217 Punishment
The punishment for an offence under IPC Section 217 is imprisonment of either description for a term that may extend to two years, with a fine, or with both. The severity of the punishment reflects the seriousness of the offence, as it involves a breach of trust and misuse of authority by a public servant.
Example of IPC Section 217
Consider a scenario where a police officer, Raj, is tasked with investigating a theft case. During the investigation, Raj discovers that his close friend, Anil, is involved in the theft. To protect Anil from punishment, Raj deliberately disregards crucial evidence and fails to follow legal procedures that would have led to Anil’s arrest and prosecution. Raj’s knowingly disobeying the direction of law to save Anil from punishment constitutes an offence under IPC Section 217. Raj can be prosecuted for his misconduct and abuse of power.
In another instance, imagine a government official, Meena, responsible for enforcing tax laws. Meena’s relative, Priya, is found to have evaded a substantial amount of taxes, which would result in the forfeiture of Priya’s property. To prevent this, Meena intentionally ignores the evidence of tax evasion and fails to take the necessary legal steps to enforce the forfeiture. Meena’s deliberate disobedience of the law to save Priya’s property from forfeiture falls under IPC Section 217, making her liable for prosecution.
