Indian Penal Code, 1860
Section 167
repealedPublic servant framing an incorrect document with intent to cause injury
Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Why this exists
Colonial-era administration relied heavily on official documents, registers, and translations prepared by government clerks and officers for courts, revenue records, and public dealings. Since citizens and courts trusted these documents to be accurate, the law was designed to deter public servants from misusing their official duty to falsify records for personal gain or to harm others, thereby protecting the integrity of public documentation.
How courts read it
Courts have generally held that mere error or carelessness by a public servant does not attract this section; there must be proof of knowledge or belief that the document was being made incorrect, combined with intent or awareness that injury could result. The prosecution must establish both the official duty to prepare/translate the document and the deliberate or knowing falsification, distinguishing genuine mistakes from intentional misconduct.
Common misconceptions
- Myth: Any mistake by a government clerk in a document is punishable under this section.
Fact: Courts have clarified that honest errors or negligence without intent to cause harm do not attract this section; deliberate or knowing falsification is required. - Myth: This section applies to any document made by a public servant.
Fact: It applies only when the public servant was officially charged with preparing or translating that specific document or electronic record.