What is Section 218 IPC? Public Servant Framing Incorrect Record or Writing with Intent to Save Person from Punishment or Property from Forfeiture
Published on: Lawiz Team
Learn about Section 218 IPC:Public Servant Framing Incorrect Record or Writing with Intent to Save Person from Punishment or Property from Forfeiture
Official Legal Text
Whoever, being a public servant, and being, as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person,
or with intent to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing it to be likely that he will thereby save, any property from forfeiture or other charge to which it is legally liable,
shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 218 punishes any public servant who intentionally creates a false record or document to protect an offender from punishment or prevent property from being forfeited.
Purpose
To ensure that public servants maintain the integrity of official records and do not use them to protect offenders.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.
Key Elements
1. The person must be a public servant. 2. They must create or alter an official record. 3. The intention must be to save a person from punishment or protect property from forfeiture.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Defenses
If the public servant can prove the record was correct or that they acted under lawful authority.
Judicial Interpretation
Courts focus on the intent to create a false record for wrongful protection.
Illustration
If a police officer writes a false report to protect an accused person, they can be punished under Section 218.
FAQs
What does Section 218 IPC define?
Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
Where is Section 218 IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 218 IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 218 IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 218 IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 218 IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 218 IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.