Bharatiya Nyaya Sanhita, 2023

BNS Section 255

Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

In one line

BNS Section 255 deals with public servant disobeying direction of law with intent to save person from punishment or property from forfeiture and replaces IPC 217.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
255Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture.Imprisonment for 2 years, or fine, or both.Non-cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 255

255. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

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.

Frequently asked

What was BNS Section 255 in the IPC?

BNS Section 255 (Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture) replaces Section 217 of the Indian Penal Code, 1860. IPC 217 is now BNS 255.

What is the punishment under BNS 255?

Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 255 bailable?

Bailable: BNS 255. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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