Bharatiya Nyaya Sanhita, 2023
Section 255
Public servant disobeying direction of law with intent to save person from punishment or
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.
Why this exists
Public servants (police officers, magistrates, and other officials) are bound by specific legal procedures precisely to ensure fair and consistent law enforcement. This provision, earlier Section 217 of the Indian Penal Code, 1860, punishes officials who deliberately break those rules to let an offender off easy or to protect property from a lawful claim against it, treating such abuse of official duty as a serious offence.
Common misconceptions
- Myth: Only bribery itself is punishable; official carelessness or rule-bending that results from it is a separate, lesser issue.
Fact: Knowingly disobeying the legal rules of one's office to help someone escape or reduce punishment is itself a distinct criminal offence, regardless of whether a separate bribery charge is also proved.