What is Section 217 IPC? Public servant disobeying direction of law to save person or property
Published on: Lawiz Team
Learn about Section 217 IPC: Public servant disobeying direction of law to save person or property
Official Legal Text
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 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 it to be likely that he will thereby save, any property from forfeiture or any charge to which it is legally liable,
shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 217 punishes any public servant who knowingly disobeys the law to protect a person from punishment or property from forfeiture.
Purpose
To ensure that public servants adhere to the law and do not misuse their authority to protect offenders or illegal property.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
1. The person must be a public servant. 2. They must disobey the law. 3. The intention must be to save a person from punishment or property from forfeiture.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Legal Defenses
If the public servant can prove they acted under lawful authority or were unaware of the law.
Judicial Interpretation
Courts focus on whether the public servant knowingly disobeyed the law with wrongful intent.
Illustration
If a police officer intentionally destroys evidence to save an accused from punishment, they can be punished under Section 217.
FAQs
What does Section 217 IPC define?
Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
Where is Section 217 IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 217 IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 217 IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 217 IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 217 IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 217 IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.