IPC 167: Public Servant Framing Incorrect Document to Cause Injury

1. Code

Section 167 of the Indian Penal Code (IPC) states:

“Whoever, being a public servant, intentionally frames any incorrect document with the intent to cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

2. Explanation

• This section deals with the offense of a public servant intentionally preparing a false document to harm another individual.
• The key elements of this offense are:
  • The offender must be a public servant.
  • The offender must intentionally prepare a false document.
  • The offender must intend to cause injury to someone by framing this incorrect document.

3. Illustration

Consider a scenario where a police officer, aiming to frame a suspect for a crime, creates a false witness statement implicating the suspect. The officer’s intention is to ensure the suspect’s wrongful arrest and conviction. This act would fall under IPC 167, as the officer is a public servant, intentionally framed a false document (the witness statement), and did so with the intent to injure the suspect.

4. Common Questions & Answers

Q: What is considered an “incorrect document”?

A: It can include any written or digital document, like reports, certificates, legal papers, etc., that intentionally contains false information.

Q: What constitutes “injury” in this context?

A: Injury can be physical, financial, reputational, or any other kind of harm caused by the false document.

Q: Is the intent to cause injury essential for this offense?

A: Yes, proving the offender’s intention to cause injury is crucial. It can be inferred from their actions, surrounding circumstances, and potential motives.

Q: What are the punishments for violating IPC 167?

A: The punishment can include imprisonment of up to two years, a fine, or both, depending on the severity of the offense and the court’s discretion.