Indian Penal Code, 1860
Section 218
repealedPublic servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, 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 lawmakers wanted to ensure that official records — court papers, police diaries, revenue registers, and similar documents — stayed trustworthy. A public servant who deliberately falsifies a record undermines the entire system of justice and administration, since courts and citizens rely on such records being accurate. This section, part of a cluster of IPC provisions (Sections 166-223) on public servant misconduct, specifically targets record-keepers who twist the truth to protect wrongdoers or damage others.
Common misconceptions
- Myth: This section only applies to police officers.
Fact: It applies to any public servant whose duties include preparing records or official writings — this can include clerks, revenue officials, registrars, and others, not just police. - Myth: A simple mistake or typo in an official record is punishable under this section.
Fact: The section requires that the public servant knew the record was incorrect and acted with intent or knowledge of likely harm — genuine, unintentional errors don't meet this standard.