Code:
Whoever, being a public servant, and being, as such public servant, charged with
the preparation or translation of any document or electronic record, frames, prepares or
translates that document or electronic record 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.
Explanation of Section 201 BNS
Section 201 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with public servants who intentionally frame, prepare, or translate documents incorrectly to cause injury to others. This law ensures that official records maintain their accuracy and credibility.
Key Elements of the Offense:
- Public Servant’s Role: The person must be a public servant responsible for preparing or translating documents.
- Intentional Misrepresentation: The document must be deliberately prepared or translated incorrectly.
- Purpose of Causing Injury: The act should intend to cause or be likely to cause harm to any individual.
- Punishment:
- Imprisonment for up to three years, or
- Fine, or
- Both imprisonment and fine.
This section applies to both physical and electronic records, ensuring accountability in government operations.
Illustration
Example 1: Tampering with Government Documents
A revenue officer alters a land record to show incorrect ownership, knowing that it is false. This act could harm the rightful owner and make the officer liable under Section 201 BNS.
Example 2: Fraudulent Translation
A government translator intentionally misrepresents legal terms in a translated contract, misleading a foreign company and causing financial loss. Since the act was deliberate, it falls under this section.
Common Questions and Answers on Section 201 BNS
1. Who can be charged under Section 201 BNS?
Only public servants responsible for preparing or translating official documents or electronic records can be charged under this section.
2. Does accidental misrepresentation fall under this law?
No. The prosecution must prove that the public servant knowingly and intentionally framed the document incorrectly.
3. What is the punishment under this section?
The punishment includes imprisonment of up to three years, a fine, or both.
4. Does this section apply to digital records?
Yes. Electronic records are explicitly covered, ensuring accountability in digital document processing.
5. Can a person challenge the charges under Section 201 BNS?
Yes. A person can defend themselves in court by proving:
- The document was not intentionally incorrect.
- There was no intent to cause harm.
Related Sections in BNS
- Section 204 BNS – Destruction of a document to prevent its production as evidence.
- Section 197 BNS – Protection of public servants from prosecution without government sanction.
Conclusion
Section 201 BNS ensures transparency and accountability among public servants when handling official documents. By penalizing intentional misrepresentation, it protects citizens from wrongful harm caused by incorrect official records.
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