According to Section 218 of Indian Penal Code, 1860: “If a public servant, charged with the preparation of any record or other writing, knowingly frames that record or writing incorrectly, with the intent to cause, or knowing it is likely to cause, loss or injury to the public or any person, or with the intent to save, or knowing it is likely to save, any person from legal punishment, or with the intent to save, or knowing it is likely to save, any property from forfeiture or other charge to which it is liable by law, he shall be liable to imprisonment of either description for a term that may extend to three years, or with fine, or with both.”
Classification of offence
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
| Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture. | Imprisonment for 3 years, or fine, or both. | Cognizable |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
| Bailable | Magistrate of the first class. | Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |
FAQs on Public Servant Framing Incorrect Records
Section 218 of the Indian Penal Code states that a public servant, while entrusted with the preparation of any record or writing, commits the offense by deliberately framing it in a manner that is known to be incorrect. The intent behind this act may be to cause loss or injury to the public or any individual, save someone from legal punishment, or protect property from forfeiture or other charges.
This provision holds a public servant, charged with the preparation of records or writings, liable if they deliberately frame a record with incorrect information and with any of the specified intents mentioned in the section.
The offense outlined in Section 218 is punishable with imprisonment for a term that may extend up to three years, or a fine, or both. The court has the discretion to decide the appropriate punishment based on the gravity of the offense.
The offense of framing an incorrect record by a public servant is cognizable. This means that the police have the authority to arrest the accused without a warrant and can initiate an investigation without seeking the court’s permission.
As this offense is bailable, the court can grant the accused public servant bail and release them from custody, subject to the fulfillment of bail conditions set by the court.
Read also:- IPC Section 209: Dishonestly Making False Claim In Court
IPC Section 218
