Code: Section 255 BNS
Offence: Disobedience of Law by a Public Servant
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.
Explanation of Section 255 BNS
Section 255 of the BNSS deals with the misconduct of public servants who deliberately disobey legal directions with the intent to benefit a person or protect property from legal consequences. Key aspects of this section include:
- Public Servant: The person must be a public servant, meaning someone holding an office under the government or a public authority.
- Disobedience of Legal Directions: The offence involves knowingly disobeying lawful instructions regarding the conduct expected in their official capacity.
- Intent or Knowledge: The disobedience must be with the intent to:
- Save a person from legal punishment or reduce their liability.
- Save property from forfeiture or legal charges.
- Punishment:
- Imprisonment for up to two years (either rigorous or simple imprisonment).
- A fine, or both imprisonment and fine.
Illustration
Example 1: Public Servant Protecting a Criminal
A police officer receives an order to arrest an individual involved in a serious crime. However, the officer knowingly ignores the directive, intending to protect the individual from punishment. This act of disobedience can lead to punishment under Section 255.
Example 2: Misconduct in Property Forfeiture
A government official is instructed to seize property that is subject to forfeiture under the law. Instead, the official intentionally refrains from seizing it to benefit the property owner. This intentional neglect qualifies as an offence under this section.
Common Questions and Answers on Section 255 BNS
1. What constitutes an offence under Section 255 BNS?
- Answer: It involves a public servant knowingly disobeying lawful directions to protect someone from legal punishment or to prevent property from being forfeited, with the intention of providing an unlawful benefit.
2. What is the punishment for disobeying legal directions under Section 255?
- Answer: The punishment can be imprisonment for up to two years, a fine, or both.
3. Does this section apply to all public servants?
- Answer: Yes, it applies to any person holding a public office, including government officials, police officers, and other public servants.
Conclusion
Section 255 of the Bharatiya Nyaya Sanhita aims to uphold the integrity of public administration by penalizing public servants who abuse their positions to manipulate legal outcomes. This ensures accountability and fosters trust in public institutions.
