One such important provision is BNS Section 257. While some may confuse it with the old law about harbouring offenders, its updated version is much more direct and powerful. It talks about a situation where a public servant, involved in a judicial proceeding, knowingly makes a false or unlawful report, record, or decision.
The Bharatiya Nyaya Sanhita (BNS), 2023 is India’s updated criminal law that replaces the old Indian Penal Code. Among many changes, it brings a sharp focus on accountability—especially for those in power.
In simple words, if a judge, magistrate, court officer, or even a police officer involved in a judicial process acts corruptly and against the law—they can now be punished.
That’s what BNS Section 257 is all about.
What does BNS Section 257 cover?
BNS Section 257 deals with public servants who are part of any judicial proceeding. If they knowingly and corruptly make a false report, verdict, or decision that goes against the law, they can face criminal action.
It’s not about accidental mistakes. It’s about intentional corruption. That’s the key difference.
Short note on BNS Section 257
- Applies to public servants like judges, police officers, clerks, etc.
- Covers judicial proceedings only.
- Focuses on corrupt and deliberate actions.
- Punishment includes up to 7 years of jail and a fine.
Why was this law necessary?
Over the years, several reports have pointed to corruption within the system. Tampered case files, false reports, or manipulated witness statements—all of these have one thing in common: someone in power knowingly abused their role.
BNS Section 257 is a strong message. It says even public servants will be held criminally responsible if they break the law.
Example to understand better
Let’s say a police officer changes the evidence in a case report to protect someone influential. Or a court clerk edits a witness testimony to help the accused.
Earlier, such acts could get buried in bureaucracy. Now, under Section 257, they can face clear and serious punishment.
Punishment under BNS Section 257
If a public servant is found guilty of such misconduct, they can be:
- Imprisoned for up to 7 years, and
- Fined
This is a serious, non-compoundable offence. The intention is clear: no one is above the law.
Case laws that reflect the spirit of BNS Section 257
While BNS is new, similar misconduct has been punished earlier under the IPC. Let’s look at a few important case examples.
Prem Chand v. Union of India (1981 AIR 613)
A magistrate was accused of manipulating case records. He claimed it was a clerical error, but the court held otherwise. The Supreme Court ruled that judicial misconduct, if intentional, cannot be overlooked. This judgment strongly supports the foundation of BNS Section 257.
Nawab Singh v. State of UP (1960)
A police officer altered a report to protect local goons. The court said such acts destroy the public’s trust in justice. He was punished for misusing his position. Today, such a case would directly fall under BNS Section 257.
State of Punjab v. Raj Singh (1998)
The Supreme Court made it clear that public servants involved in the justice process have a higher duty. If they act dishonestly, the harm is not just to the victim but to the entire system.
These examples show how the courts have consistently emphasized honesty and fairness in judicial proceedings.
How is this different from IPC?
Earlier, such misconduct was scattered across IPC Sections 167, 218, and 219. Now, BNS Section 257 brings all those scattered rules under one clear law.
It’s streamlined, focused, and easier to apply.
What are the key ingredients to prove this offence?
To charge someone under Section 257, four key things must be proved:
- The person is a public servant.
- They are part of a judicial proceeding.
- They knowingly acted in a corrupt way.
- Their action was against the law—like submitting a false report or judgment.
If any of these is missing, the case may not hold in court.
How does it impact the public?
This section isn’t just for lawyers and judges. It’s for the common man too. Now, if you feel your case was affected due to a corrupt act by a public servant, this law gives you hope.
It builds public trust in the justice system and ensures no one misuses power.
Common questions around BNS Section 257
Can a police officer be punished under this section?
Yes. If they’re part of the judicial process and act corruptly.
What if the false report was a genuine mistake?
This section applies only if the act was knowingly and corruptly done. Honest mistakes aren’t punishable.
Is prior permission needed to prosecute a public servant?
In most cases, yes. But once permission is granted, the law takes its course.
Conclusion
BNS Section 257 is a major step toward restoring faith in our justice system. It holds those in power accountable and sends a clear message—if you misuse your role in the judicial process, you will be punished.
The law is no longer blind to internal corruption. It’s ready to act.
Whether you’re a citizen seeking justice or a public servant upholding it, remember this—honesty is no longer just expected, it’s enforced.
Disclaimer
This article is meant for general information only and should not be considered legal advice. For specific legal matters, please consult a qualified lawyer or legal expert.
