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Bharatiya Nyaya Sanhita, 2023 Chapter XII · Of Offences By or Relating to Public Servants
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Bharatiya Nyaya Sanhita, 2023 — Section 201

Public Servant Framing an Incorrect Document With Intent to Cause Injury

Section 201 punishes a public servant who, being charged with preparing or translating a document or electronic record, frames, prepares, or translates it in a manner they know or believe to be incorrect, intending thereby to cause injury to any person, or knowing it is likely to cause such injury, with imprisonment of either description up to three years, or fine, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 201 to old IPC Section 167, and independently against the text of Section 167 itself as found in the edition of the Indian Penal Code, 1860 consulted for this book.

BNS sectionIPC, 1860 equivalentCategory
201167Substantively changed

Substantively changed: old IPC Section 167 covered only a public servant charged with the preparation or translation of a "document," and the punishable acts were limited to "frames or translates." Section 201 extends this in two respects: it adds "electronic record" alongside "document" as a covered subject-matter, and it adds "prepares" as an additional punishable act alongside "frames" and "translates." The remainder of the provision — the mental element (knowing or believing the document or record to be incorrect, with intent or knowledge of likely injury) and the punishment (imprisonment up to three years, or fine, or both) — is unchanged.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 3 years, or fine, or both — cognizable, bailable, and triable by a Magistrate of the first class. Not compoundable: Section 201 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “Magistrate of the first class” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Framing, preparing, or translating a document or electronic record known or believed to be incorrect

Explanation (Lexovia's Commentary)

A public servant who is charged, in that capacity, with preparing or translating any document or electronic record, and who frames, prepares, or translates it in a manner they know or believe to be incorrect, commits this offence — provided they either intend thereby to cause injury to any person, or know it is likely that such injury may result.

Illustration (Lexovia's Own Example)
A public servant charged with preparing an official electronic record deliberately enters information they know to be incorrect, knowing it is likely to cause injury to a person affected by that record. This falls within Section 201.
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Related / Cross-Referenced Sections

FAQs

Does Section 201 apply to electronic records, or only paper documents?

Both. Section 201 explicitly covers "any document or electronic record," extending the old law's coverage (which was limited to "document") to electronic records as well.

What is the punishment under this section?

Imprisonment of either description for a term which may extend to three years, or fine, or both.

What is the difference between this section and old IPC Section 167?

Section 201 adds "electronic record" as a covered subject-matter alongside "document," and adds "prepares" as an additional punishable act alongside "frames" and "translates." The rest of the provision is unchanged.

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