Legal provisions regarding Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture under section 218 of Indian Penal Code, 1860.
Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture:
“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
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or to any person, or with intent thereby 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 that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”
The points requiring proof under Section 218 are:
(i) The accused framed a record or writing;
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(ii) He framed it incorrectly;
(iii) He was then a public servant;
(iv) As such he was charged with its preparation;
(v) In framing an incorrect record, the accused, intended-
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(a) To cause loss or injury to any person or the public or that he knew such loss or injury to be likely, or
(b) He intended to save or knew that it was likely to save some person from legal punishment, or
(c) Any property from forfeiture or charge.
A public servant cannot be proceeded against for prosecution under Section 218 IPC, unless sanction has been obtained for his prosecution. The offence under Section 218 is cognizable but warrant should ordinarily issue. It is bailable but not compoundable and is exclusively triable by a Magistrate of the first class.