Bharatiya Nyaya Sanhita, 2023
Section 257
Public servant in judicial proceeding corruptly making report, etc., contrary to law
, 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.
Why this exists
This provision, earlier Section 219 of the Indian Penal Code, 1860, targets corruption or malice by judicial and quasi-judicial officers themselves - the very people entrusted with applying the law fairly. Because their decisions carry the force of law and directly affect people's liberty and property, a corrupt or malicious decision made knowingly against the law is treated as a serious breach of public trust deserving significant punishment.
Common misconceptions
- Myth: Judicial officers cannot be criminally prosecuted for the decisions they make in their official role.
Fact: This provision specifically criminalizes a public servant's corrupt or malicious judicial decision that they know to be contrary to law, showing that judicial acts are not immune when made corruptly.