CHAPTER XIV: OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Section 227: Giving false evidence
Simple Translation: This section defines “giving false evidence” (perjury). You are guilty if:
You are legally bound by an oath (or a law) to tell the truth.
You make a statement.
That statement is false, and you know it’s false, believe it’s false, or don’t believe it’s true (i.e., you are just making it up).
Explanation 1.— A statement is… made verbally or otherwise.
Simple Translation: You can give false evidence by speaking, writing, or even using sign language.
Real-World Example: A witness writing a false affidavit is “giving false evidence” just as much as one lying on the witness stand.
Explanation 2.— A false statement as to the belief… is within the meaning of this section…
Simple Translation: Lying about what you believe is also perjury.
Real-World Example (from Act): A witness is shown a signature and is under oath. He says, “I believe this is Z’s signature,” when he actually believes it is not. He is guilty of giving false evidence, even though he phrased it as a belief.
Section 228: Fabricating false evidence
Simple Translation: This is the crime of creating fake evidence with the intent that it will be used in a legal proceeding (by a court, public servant, or arbitrator) to make the decision-maker form a wrong, “erroneous” opinion.
Illustrations:
(a) A puts jewels into a box belonging to Z… that this circumstance may cause Z to be convicted of theft…
Simple Translation: This is planting evidence. “A” plants jewels in Z’s box, hoping the police find them and Z gets arrested. “A” has fabricated false evidence.
(b) A makes a false entry in his shop-book…
Simple Translation: “A” creates a fake entry in his ledger, intending to use this fake book as evidence in a court case about a debt. “A” has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted… writes a letter in imitation of Z’s handwriting…
Simple Translation: “A” forges a fake letter from “Z” that makes “Z” look guilty, and plants it for the police to find. “A” has fabricated false evidence.
Section 229: Punishment for false evidence
Simple Translation: This section provides the punishment for the crimes defined in Sections 227 and 228.
(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding… shall be punished…
Simple Translation: This is the most serious form: lying or fabricating evidence for a judicial proceeding (i.e., a court case).
Real-World Example: A witness lies under oath during a murder trial. They are guilty under this sub-section and face up to seven years in jail.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1)…
Simple Translation: This is for lying under oath in any other legal proceeding that isn’t a court case.
Real-World Example: A person lies under oath during an inquiry held by a public servant (like the Tehsildar from the Sec 216 example) or an arbitrator. This is still a crime, but the punishment is less (up to three years).
Explanation 1.— A trial before a Court-martial is a judicial proceeding.
Simple Translation: Lying in a military court (Court-martial) is the same as lying in a regular court.
Explanation 2.— An investigation directed by law preliminary to a proceeding… is a stage of a judicial proceeding…
Simple Translation: A “judicial proceeding” doesn’t just mean the main trial. It includes preliminary inquiries.
Real-World Example (from Act): A Magistrate is holding an initial inquiry to decide if there’s enough evidence to send “Z” to trial. “A” lies under oath at this inquiry. “A” is guilty because this inquiry is a “stage of a judicial proceeding.”
Explanation 3.— An investigation directed by a Court… is a stage of a judicial proceeding…
Simple Translation: This clarifies that a court-ordered investigation, even if it happens outside the courtroom, is still part of the judicial proceeding.
Real-World Example (from Act): A court sends an officer (a “commissioner”) to a piece of land to determine its official boundaries. “A” lies under oath to that officer out in the field. “A” is guilty.
Section 230: Giving or fabricating false evidence with intent to procure conviction of capital offence
Simple Translation: This is for the most heinous form of perjury: giving false evidence on purpose to get someone falsely convicted of a crime punishable by death.
(1) Whoever gives or fabricates false evidence, intending… any person to be convicted of an offence which is capital…
Simple Translation: The punishment for trying to get someone executed with false testimony.
Real-World Example: In a murder trial (a capital offense), “A” intentionally gives false testimony, “I saw Z pull the trigger,” hoping “Z” will be found guilty and sentenced to death. “A” is guilty under this sub-section and can get life imprisonment.
(2) If an innocent person be convicted and executed in consequence of false evidence… the person who gives such false evidence shall be punished… with death…
Simple Translation: This is one of the most severe provisions. If the false evidence works, and an innocent person is convicted and executed as a result, the person who gave the false evidence shall be punished with death (or the punishment in sub-section 1).
Real-World Example: Following the previous example, “Z” (who was innocent) is convicted based on “A’s” false testimony and is executed. Later, the truth comes out. “A” can now be tried and sentenced to death for their perjury.
Section 231: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
Simple Translation: This is for giving false evidence (lying under oath or creating fake evidence) with the intent to get someone wrongly convicted of a very serious crime—one punishable with life imprisonment or a jail term of seven years or more.
The Punishment: If you do this, you will be punished as if you committed that crime yourself.
Real-World Example (from Act): “A” gives false testimony in court, intending to get “Z” convicted of dacoity. Dacoity is punishable with imprisonment for life or up to ten years. Therefore, “A” is also liable to be punished with imprisonment for life or up to ten years, just as if he had committed the dacoity.
Section 232: Threatening any person to give false evidence
Simple Translation: This is the crime of witness tampering. It’s when you threaten someone (with injury to their body, reputation, or property, or to their loved ones) to force them to give false evidence.
(1) Whoever threatens another… to cause that person to give false evidence…
Simple Translation: This sub-section defines the crime: threatening a person to make them lie in a legal proceeding.
Real-World Example: “A” is on trial. He sends his friend to the key witness, “B”. The friend tells “B”, “If you testify tomorrow, your shop will be burned down.” This is a threat to property to cause “B” to give false evidence (or no evidence). “A” and his friend are guilty of this crime.
(2) If innocent person is convicted and sentenced in consequence of false evidence…
Simple Translation: This is the severe punishment. If the threat works, the witness lies, and an innocent person is convicted and sentenced to death or a long imprisonment (7+ years) as a result, the person who made the threat will get the exact same punishment as the innocent person received.
Real-World Example: The witness “B” (from the previous example) is terrified and gives false evidence in court. An innocent person, “Z”, is convicted of murder and sentenced to life imprisonment. When the truth is discovered, the person “A” who made the threat can now also be sentenced to life imprisonment.
Section 233: Using evidence known to be false
Simple Translation: This is the crime of using any evidence (like a document, an electronic record, or an object) in a legal proceeding, knowing that it is fake or fabricated.
Real-World Example: A person is in a land dispute. They “corruptly use” a forged property deed as “genuine” evidence in court, knowing it was faked, to win the case. They are guilty and will be punished in the same way as if they had fabricated the evidence themselves (under Section 229).
Section 234: Issuing or signing false certificate
Simple Translation: This is for any person who is legally required to issue or sign an official certificate (which can be used as evidence). If they knowingly issue a certificate that is false in any important (“material”) way, they are guilty.
Real-World Example: A doctor is legally authorized to issue medical certificates. For a bribe, the doctor signs a certificate saying “A” was in the hospital for a week (for “A” to skip a court date), knowing that “A” was never admitted. The doctor is guilty of this offense (and will be punished as if they gave false evidence).
Section 235: Using as true a certificate known to be false
Simple Translation: This is the other side of the coin. It’s the crime of using one of those official certificates, knowing that it is fake.
Real-World Example: “A” takes the false medical certificate from the doctor (from the previous example) and submits it to the court, “corruptly using” it as a “true” certificate to get his hearing postponed. “A” is guilty of this crime.
Section 236: False statement made in declaration which is by law receivable as evidence
Simple Translation: This is the crime of lying in a formal declaration (like a sworn affidavit) that a court or public servant is legally bound to accept as evidence.
Real-World Example: To get a passport, a person must sign a declaration stating they are a citizen and have no criminal cases. A person knowingly lies on this form (e.g., they hide a criminal case). Because this declaration is receivable as evidence by the passport officer (a public servant), the person is guilty of this crime.
Section 237: Using as true such declaration knowing it to be false
Simple Translation: This is the crime of using one of those false declarations, knowing it contains a lie.
Real-World Example: “A” (from the previous example) hands his known false passport application (the “declaration”) to the passport officer, using it as true. “A” is guilty under this section.
Explanation.— A declaration which is inadmissible merely upon the ground of some informality…
Simple Translation: You can’t escape punishment on a technicality. Even if the declaration (affidavit) was filled out on the wrong form or was improperly stamped, it’s still considered a “declaration.” What matters is that you lied in it.
Section 238: Causing disappearance of evidence of offence, or giving false information to screen offender
Simple Translation: This is the classic “covering up a crime” or “destruction of evidence.” You are guilty if you know a crime has been committed and you intentionally do either of two things to protect (“screen”) the offender from being punished:
Cause evidence to disappear (e.g., hide the murder weapon, delete the CCTV footage, wash the bloody clothes).
Give false information about the crime (e.g., provide a fake alibi, lie to the police about what you saw).
The punishment depends on the seriousness of the crime you are covering up:
(a) if the offence… is punishable with death…
Simple Translation: If you cover up a capital offense (like murder).
Real-World Example (from Act): “A” knows “B” has murdered “Z”. “A” helps “B” hide the body, intending to screen “B” from punishment. “A” is guilty under this clause and faces up to 7 years in jail.
(b) if the offence is punishable with imprisonment for life, or… ten years…
Simple Translation: If you cover up a serious offense (like dacoity, kidnapping, or rape).
Real-World Example: “A” knows “B” just committed dacoity. “A” takes the stolen jewelry from “B” and melts it down (causing evidence to disappear) to help “B” avoid arrest. “A” is guilty under this clause.
(c) if the offence is punishable with imprisonment… not extending to ten years…
Simple Translation: If you cover up a lesser offense (like theft, cheating, or assault). The punishment is one-fourth of the longest jail term for that crime.
Real-World Example: “A” knows “B” just stole a car (theft, punishable by 3 years). “A” knowingly gives false information to the police, telling them he saw “B” at home all day (a false alibi). “A” is guilty and can be punished with up to 9 months (1/4 of 3 years).
Section 239: Intentional omission to give information of offence by person bound to inform
Simple Translation: This is the crime of intentionally failing to report a crime, only if you are a person who is legally required to report it. (This is different from Sec 211, which was about disobeying a direct order from a public servant).
Real-World Example: Some laws state that a public servant, a village headman, or a company’s manager is legally bound to report any knowledge of certain crimes. If a village headman knows a dacoity is being planned in his village and intentionally “omits” to inform the police, he is guilty under this section.
Section 240: Giving false information respecting an offence committed
Simple Translation: This is the crime of giving false information about a crime that you know has happened. (This is different from Sec 238, because your intent isn’t necessarily to protect the offender, but just to give false information).
Real-World Example: A person witnesses a serious assault. They call the police and, for “fun” or to be malicious, lie and say the assault happened on “Main Street” when they know it happened on “Park Street,” sending the police in the wrong direction. They are guilty.
Explanation.— … “offence” includes any act committed… out of India…
Simple Translation: For sections 238, 239, and 240, you are still guilty of covering up or lying about a serious crime, even if that original crime happened in another country.
Section 241: Destruction of document or electronic record to prevent its production as evidence
Simple Translation: This is the crime of intentionally destroying, hiding, or making a document (or electronic file) unreadable, knowing that you are legally required to produce it as evidence in a court or for a public servant.
Real-World Example: A company receives a lawful summons from a court ordering it to produce all financial ledgers from 2020-2023 for a fraud investigation. The company’s director, with the intention of preventing them from being used as evidence, takes the ledgers and a laptop (electronic record) and throws them in a river (“destroys” and “secretes” them). The director is guilty of this crime.
Section 241: Destruction of document or electronic record to prevent its production as evidence
Simple Translation: This is the crime of intentionally destroying, hiding, or making a document (or electronic file) unreadable, knowing that you are legally required to produce it as evidence in a court or for a public servant.
Real-World Example: A company receives a lawful summons from a court ordering it to produce all financial ledgers from 2020-2023 for a fraud investigation. The company’s director, with the intention of preventing them from being used as evidence, takes the ledgers and a laptop (electronic record) and throws them in a river (“destroys” and “secretes” them). The director is guilty of this crime.
Section 242: False personation for purpose of act or proceeding in suit or prosecution
Simple Translation: This is the crime of impersonating someone else in a lawsuit or criminal case. This includes pretending to be them to confess, give a statement, sign a document, or post bail.
Real-World Example: “A” is supposed to appear in court for a traffic offense. He’s busy, so he pays his friend “B” to go to court and pretend to be “A”. When “B” tells the judge, “My name is A, and I plead guilty,” “B” is committing this crime.
Section 243: Fraudulent removal or concealment of property to prevent its seizure…
Simple Translation: This is the crime of hiding your assets to stop the court or government from taking them. This applies if you know you’re about to be fined, have your property seized, or be forced to pay a civil lawsuit.
Real-World Example: “A” loses a civil case and knows the court will order him to pay ₹50 lakhs. To avoid paying, he fraudulently transfers his house and car into his relative’s name, intending to prevent the court from seizing them. “A” is guilty.
Section 244: Fraudulent claim to property to prevent its seizure…
Simple Translation: This is the other side of the previous crime. This is the crime for the accomplice who knowingly and fraudulently accepts or claims the hidden assets.
Real-World Example: In the previous example, “A’s” relative knowingly accepts the fraudulent transfer of the house, pretending to be the real owner, to help “A” hide it from the court. The relative is guilty under this section.
Section 245: Fraudulently suffering decree for sum not due
Simple Translation: This is a very specific type of fraud. It’s when you intentionally let someone sue you and win a fake lawsuit against you. The goal is to create a fake legal debt to cheat a real creditor.
Real-World Example (from Act): “A” owes “Z” (a real creditor) ₹10 lakhs. “A” knows “Z” is about to sue him and seize his property. To cheat “Z”, “A” conspires with his friend “B”. “B” files a fake lawsuit against “A” for ₹20 lakhs (a “sum not due”). “A” fraudulently suffers (allows) the court to pass a judgment against him. Now, when “Z” tries to collect, “B” (the fake creditor) is already first in line, ensuring “Z” gets nothing. “A” is guilty.
Section 246: Dishonestly making false claim in Court
Simple Translation: This is the crime of filing a fake lawsuit or making a false claim in court, knowing it’s a lie, with the intent to cheat, harm, or annoy someone.
Real-World Example: “A” knows his neighbor “Z” did not damage his wall. But to annoy “Z”, “A” files a civil suit against “Z” for ₹50,000, claiming “Z” damaged the wall. “A” is guilty because he knows his claim is false.
Section 247: Fraudulently obtaining decree for sum not due
Simple Translation: This is the crime for the plaintiff (the person suing). It’s illegal to fraudulently get a court order for money you know you aren’t owed. It’s also illegal to collect a debt a second time after it has already been paid.
Real-World Example 1 (Sum not due): “A” sues “B” for ₹1 lakh, fraudulently using a forged IOU. The court, not knowing it’s fake, grants the decree (order). “A” has committed this crime.
Real-World Example 2 (Already satisfied): “B” pays “A” the ₹1 lakh in full (“satisfies the decree”). A month later, “A” fraudulently goes to the court’s execution department and claims “B” never paid, trying to seize “B’s” property. “A” is guilty of this crime.
Section 248: False charge of offence made with intent to injure
Simple Translation: This is the crime of filing a false criminal complaint (like a fake FIR) against someone, knowing they are innocent, with the specific intent to cause them “injury” (harm to their reputation, freedom, etc.).
(a) shall be punished…
Simple Translation: The general punishment for filing a false criminal case.
Real-World Example: “A” and “Z” are business rivals. To harm “Z’s” reputation, “A” goes to the police and files a false charge of cheating, knowing that “Z” did nothing illegal. “A” is guilty under this clause.
(b) if such criminal proceeding be… on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years…
Simple Translation: This is the more serious punishment. It’s for filing a false case for a very serious crime (like murder, rape, or dacoity).
Real-World Example: To get revenge, “A” files a false police report accusing “Z” of rape, knowing it’s a lie. Since rape is punishable with 10+ years, “A” is guilty under this more serious clause and faces up to 10 years in jail.
Section 249: Harbouring offender
Simple Translation: This is the crime of hiding a criminal. If you know (or have good reason to believe) someone has committed a crime, and you intentionally hide them or help them (e.g., give them shelter, food, money) to protect them from the police, you are guilty.
The punishment depends on the crime you are covering up:
(a) if the offence is punishable with death…
Simple Translation: If you hide someone you know is a murderer.
Real-World Example: “A” knows his brother “B” just committed murder. He lets “B” hide in his basement to “screen him from legal punishment.” “A” is guilty under this clause.
(b) if the offence is punishable with imprisonment for life, or… ten years…
Simple Translation: If you hide someone you know committed a serious crime (like dacoity).
Real-World Example (from Act): “A” knows “B” committed dacoity (punishable by life). “A” knowingly conceals “B” in his house to hide him from the police. “A” is guilty under this clause.
(c) if the offence is punishable with imprisonment… less than ten years…
Simple Translation: If you hide someone who committed a lesser crime (like theft).
Real-World Example: “A” knows his friend “B” just stole a car (theft, punishable by 3 years). “A” lets “B” hide at his farm. “A” is guilty and can be punished with up to 9 months (1/4 of 3 years).
Explanation.— “Offence” in this section includes any act committed… out of India…
Simple Translation: You are still guilty of hiding a criminal even if their original crime (like murder or robbery) was committed in another country.
Exception.— This section shall not extend to any case in which the harbour… is by the spouse of the offender.
Simple Translation: This is a major exception. A husband or wife is legally protected from being charged with this crime for hiding their spouse (the offender).
Real-World Example: “A” knows her husband “B” committed murder. “B” comes home and “A” lets him in. “A” cannot be prosecuted under Section 249 for “harbouring” her husband. (Note: This exception only applies to the spouse, not to a parent, child, or sibling).
Section 250: Taking gift, etc., to screen an offender from punishment
Simple Translation: This is the crime of accepting a bribe (or the return of stolen property) in exchange for:
Concealing a crime.
Hiding an offender.
Agreeing not to file a complaint or not to testify.
The punishment depends on the crime being concealed:
(a) if the offence is punishable with death…
Simple Translation: Accepting a bribe to conceal a murder.
Real-World Example: “A” witnesses “B” commit murder. “A” accepts ₹10 lakhs from “B” in exchange for “A’s” silence (concealing the offense). “A” is guilty under this clause.
(b) if the offence is punishable with imprisonment for life, or… ten years…
Simple Translation: Accepting a bribe to conceal a serious crime.
Real-World Example: “A” witnesses “B” commit dacoity. “A” accepts ₹1 lakh from “B” in consideration of not reporting it to the police. “A” is guilty under this clause.
(c) if the offence… not extending to ten years…
Simple Translation: Accepting a bribe to conceal a lesser crime.
Real-World Example: “A’s” laptop is stolen by “B” (theft). “B” offers to give the laptop back (“restitution of property”) if “A” agrees not to go to the police. “A” agrees and takes the laptop back. “A” is guilty under this clause.
Section 251: Offering gift or restoration of property in consideration of screening offender
Simple Translation: This is the other side of Section 250. This is the crime of offering a bribe (money or property) to someone to get them to:
Conceal a crime.
Hide an offender.
Not file a complaint or not testify.
The punishment depends on the crime you are trying to conceal:
(a) if the offence is punishable with death…
Simple Translation: You offer a bribe to conceal a murder.
Real-World Example: “B” commits a murder. “B” offers ₹10 lakhs to “A”, the only witness, in “consideration” of “A” concealing the offense. “B” is guilty under this clause.
(b) if the offence is punishable with imprisonment for life, or… ten years…
Simple Translation: You offer a bribe to conceal a serious crime (like dacoity).
Real-World Example: “B” commits dacoity. “B” offers to give ₹1 lakh to “A” (the victim) if “A” agrees not to proceed against him. “B” is guilty under this clause.
(c) if the offence… not extending to ten years…
Simple Translation: You offer a bribe to conceal a lesser crime (like theft).
Real-World Example: “B” steals “A’s” laptop. “B” offers to return the laptop (“restoration of property”) to “A” if “A” agrees to not file a police complaint. “B” is guilty under this clause.
Exception.— …do not extend to any case in which the offence may lawfully be compounded.
Simple Translation: This is a very important exception. If the original crime is a minor “compoundable offence” (one that the law allows victims to settle, like simple assault or trespass), then it is not a crime to offer or accept a settlement.
Real-World Example: “A” commits criminal trespass (a compoundable offense) on “B’s” property. “A” offers “B” ₹10,000 to “settle the matter.” “B” accepts and drops the case. This is legal, and neither “A” nor “B” is guilty under Sections 250 or 251.
Section 252: Taking gift to help to recover stolen property, etc.
Simple Translation: This is the crime of acting as a “middleman” for thieves. You are guilty if you accept money on the pretense of helping someone recover their stolen property, unless you use all your power to also get the thief arrested and convicted.
Real-World Example: “A’s” motorcycle is stolen. “B” is a local fixer who knows all the thieves. “B” tells “A”, “Pay me ₹10,000, and I’ll get your bike back, no questions asked.” “A” pays “B”, and “B” returns the bike. “B” makes no effort to help the police find the thief. “B” is guilty of this crime.
Section 253: Harbouring offender who has escaped from custody or whose apprehension has been ordered
Simple Translation: This is a specific form of “harbouring” (hiding a criminal). This section applies only when you hide someone who you know has:
Escaped from lawful custody (e.g., broke out of jail).
Has had a lawful order for their apprehension issued (e.g., an arrest warrant is out for them).
The punishment depends on the crime the escapee was in custody for:
(a) if the offence… is punishable with death…
Simple Translation: Hiding a known escapee who was in custody for murder.
Real-World Example: “B” is in jail awaiting trial for murder. “B” escapes. “A” (a friend) knows “B” escaped from jail and lets “B” hide in his attic. “A” is guilty under this clause.
(b) if the offence is punishable with imprisonment for life or… ten years…
Simple Translation: Hiding a known escapee who was in custody for a serious crime (like dacoity).
Real-World Example: A court issues an arrest warrant for “B” for dacoity. “B” is on the run. “A” knows “B” is a wanted man and gives him a car and money to help him flee. “A” is guilty under this clause.
(c) if the offence is punishable with imprisonment which may extend to one year and not to ten years…
Simple Translation: Hiding a known escapee who was in custody for a lesser crime (like assault).
Real-World Example: “B” is convicted of assault and escapes from jail. “A” knows “B” is an escapee but lets him stay on his farm. “A” is guilty under this clause.
Explanation.— “Offence” in this section includes… any act… out of India…
Simple Translation: You are also guilty if you hide a person who is wanted in India for extradition, even if their original crime was in another country.
Exception.— …does not extend to the case in which the harbour or concealment is by the spouse…
Simple Translation: Just like in Section 249, a husband or wife is legally protected from being charged with this crime for hiding their spouse (the escapee).
Section 254: Penalty for harbouring robbers or dacoits
Simple Translation: This is an even more specific harbouring law, only for robbers and dacoits. You are guilty if you hide or help people knowing or having reason to believe they are a gang of robbers or dacoits, with the intent to help them commit their crimes or to protect them from punishment.
Real-World Example: A person owns a remote farmhouse. They knowingly allow a gang of dacoits to use their house as a safe house to store weapons, plan their next heist, and hide out after committing a robbery. The farmhouse owner is guilty of this crime.
Explanation.— …it is immaterial whether the robbery or dacoity… was… within or without India.
Simple Translation: You are guilty if you harbour a gang that robs banks in India or a gang that comes to India to hide after robbing banks in another country.
Exception.— …does not extend to the case in which the harbour is by the spouse of the offender.
Simple Translation: The spouse exception applies here too.
Section 255: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
Simple Translation: This is a crime for a public servant. They are guilty if they knowingly disobey a law about how they should do their job, with the specific intent to:
Save a person from being punished.
Get them a lesser punishment than they deserve.
Save a person’s property from being seized (forfeited).
Real-World Example: The law requires a police officer to seize any vehicle used in smuggling. An officer catches a smuggler, but intentionally disobeys the law and does not seize the truck, with the intent to save that property for the smuggler. The officer is guilty.
Section 256: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
Simple Translation: This is another crime for a public servant. They are guilty if they intentionally create a false document or record as part of their job, with the specific intent to save a person from punishment or save their property.
Real-World Example: A police officer investigates a serious assault. In his official report, he intentionally writes that the victim’s injuries were “simple” when he knows they were “grievous.” He does this with the intent to help the attacker get a much lighter sentence. The officer is guilty.
Section 257: Public servant in judicial proceeding corruptly making report, etc., contrary to law
Simple Translation: This is for a public servant who is acting like a judge (e.g., a Magistrate, a court-appointed commissioner). They are guilty if they corruptly (e.g., for a bribe) or maliciously (e.g., out of personal hatred) make any official order, report, or decision that they know is against the law.
Real-World Example: A judge is overseeing a case. Out of malice for the defendant, the judge issues an order to “seize all property of the defendant’s relatives,” knowing that this is a completely illegal order. The judge is guilty of this offense.
Section 258: Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
Simple Translation: This is for a public servant with the power to send people to jail or put them on trial (like a judge or magistrate). They are guilty if they corruptly or maliciously use that power to send someone to jail or trial knowing that they are acting illegally.
Real-World Example: A person is arrested for a minor offense where bail is a legal right. The magistrate, corruptly (after getting a phone call from an influential person), knowingly acts contrary to law and denies bail, sending the person to jail (“commitment to confinement”). The magistrate is guilty.
Section 259: Intentional omission to apprehend on part of public servant bound to apprehend
Simple Translation: This is for a public servant (like a police officer) who is legally required to arrest someone, but intentionally “omits” to arrest them, lets them escape, or helps them escape. This section applies to people who are charged with or liable to be apprehended for an offense (i.e., they are accused, not yet convicted).
The punishment depends on the crime of the person they let go:
(a) …if the person… was charged with… an offence punishable with death;
Simple Translation: The officer intentionally fails to arrest someone charged with murder.
Real-World Example: A police officer sees “B,” a wanted man with an arrest warrant for murder. The officer, who is “B’s” friend, intentionally omits to arrest him and lets him walk away. The officer is guilty under this clause.
(b) …if the person… was charged with… an offence punishable with imprisonment for life or… ten years;
Simple Translation: The officer intentionally fails to arrest someone charged with a serious crime (like dacoity).
Real-World Example: An officer is sent to arrest “B” for dacoity. The officer goes to “B’s” house, tips him off, and then intentionally lets “B” escape out the back door. The officer is guilty.
(c) …if the person… was charged with… an offence punishable with imprisonment for a term less than ten years.
Simple Translation: The officer intentionally fails to arrest someone charged with a lesser crime (like theft).
Real-World Example: An officer catches “B” in the act of theft. “B” offers a bribe, and the officer intentionally omits to apprehend him and lets him go. The officer is guilty.
Section 260: Intentional omission to apprehend on part of public servant… person under sentence or lawfully committed
Simple Translation: This is much more serious than Section 259. This section applies when the person being let go is already under a court sentence or lawfully in custody (i.e., they are a convict or prisoner). This is the crime of a public servant (like a jailor or police guard) intentionally letting a prisoner escape.
The punishment depends on the prisoner’s sentence:
(a) …if the person… is under sentence of death;
Simple Translation: The guard intentionally lets a death row inmate escape.
Real-World Example: A jailor is paid a bribe and intentionally leaves a cell door unlocked, allowing a prisoner on death row to escape. The jailor is guilty and faces up to life in prison.
(b) …if the person… is subject… to imprisonment for life or… ten years, or upwards;
Simple Translation: The guard intentionally lets a lifer or long-term prisoner escape.
Real-World Example: A prisoner serving a life sentence is taken to a hospital. The police guard intentionally “looks the other way” to aid the prisoner in escaping from the hospital. The guard is guilty.
(c) …if the person… is subject… to imprisonment for a term not extending to ten years…
Simple Translation: The guard intentionally lets a shorter-term prisoner escape.
Real-World Example: A prisoner serving 3 years for theft is on a roadside work crew. The guard intentionally “forgets” to watch him and lets him slip away. The guard is guilty.
Section 261: Escape from confinement or custody negligently suffered by public servant
Simple Translation: This is the negligent version of Sections 259 and 260. A public servant (like a jailor or police guard) is guilty if they carelessly (negligently) allow a prisoner in their lawful custody to escape. This is about carelessness, not intention.
Real-World Example: A police guard is escorting a convicted prisoner from the court to the jail van. The guard gets distracted by his phone and doesn’t pay attention, negligently allowing the prisoner to slip out of his handcuffs and run into the crowd. The guard is guilty under this section.
Section 262: Resistance or obstruction by a person to his lawful apprehension
Simple Translation: This is the crime of resisting your own arrest. You are guilty if you intentionally fight back, resist, or illegally obstruct a public servant who is lawfully trying to arrest you for a crime you are charged with or have been convicted of. This also includes escaping from lawful custody.
Real-World Example: A police officer tells “A”, “You are under arrest for assault.” “A” intentionally pushes the officer, pulls his arm away, and tries to run. This resistance is a separate crime.
Explanation.— The punishment in this section is in addition to the punishment…
Simple Translation: The punishment for resisting arrest is on top of the punishment for the original crime.
Real-World Example: If “A” is found guilty of the assault, he will be sentenced for that. He will then get an additional sentence for violating Section 262.
Section 263: Resistance or obstruction to lawful apprehension of another person
Simple Translation: This is the crime of interfering in someone else’s arrest. You are guilty if you intentionally resist, obstruct, or try to “rescue” another person who is being lawfully arrested.
The punishment depends on the seriousness of theother person’scrime:
(a) shall be punished… [up to 2 years]…
Simple Translation: The general punishment, if the other person’s crime is not one of the super-serious ones listed below.
Real-World Example: A police officer is lawfully arresting “B” for theft. “B’s” friend, “C”, intentionally grabs the officer’s arm to try and free “B”. “C” is guilty under this clause.
(b) if the person to be apprehended… is charged with… imprisonment for life or… ten years…
Simple Translation: If you interfere in the arrest of someone charged with a serious crime (like dacoity).
Real-World Example: An officer is arresting “B” for dacoity. “C” obstructs the arrest. “C” is guilty under this more serious clause.
(c) if the person to be apprehended… is charged with… an offence punishable with death…
Simple Translation: If you interfere in the arrest of someone charged with a capital offense (like murder).
Real-World Example: An officer is arresting “B” for murder. “C” tackles the officer to help “B” escape. “C” is guilty under this clause.
(d) if the person to be apprehended… is liable under the sentence of a Court… to imprisonment for life, or… ten years…
Simple Translation: This is even more serious. It’s for rescuing someone who has already been sentenced to life or 10+ years.
Real-World Example: “B” (a convicted lifer) is being transported. “C” rescues “B” from the police van. “C” is guilty under this clause.
(e) if the person to be apprehended… is under sentence of death…
Simple Translation: The most serious version: rescuing a death row inmate.
Real-World Example: “B” is a death row convict. “C” attempts to rescue “B” from prison. “C” is guilty under this clause.
Section 264: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
Simple Translation: This is a “catch-all” section for public servants. If a public servant is legally bound to arrest or detain someone for any other reason (not covered by the super-serious sections 259, 260, 261), and they fail to do so, this section applies.
(a) if he does so intentionally…
Simple Translation: The public servant intentionally fails to make the arrest or lets the person go.
Real-World Example: A court issues a civil warrant for “A” (for failing to pay a large court-ordered sum). The officer intentionally “omits” to apprehend “A”. The officer is guilty.
(b) if he does so negligently…
Simple Translation: The public servant carelessly fails to make the arrest or lets the person escape.
Real-World Example: The officer from the previous example negligently loses the civil warrant file, and “A” is not apprehended. The officer is guilty.
Section 265: Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
Simple Translation: This is the “catch-all” for citizens. If you resist arrest, escape custody, or rescue someone, for any other lawful reason not covered by the serious criminal sections (262, 263), this section applies.
Real-World Example: A public health officer, under a lawful order, is detaining “A” for quarantine. “A” escapes from the quarantine facility. “A” is guilty under this section. Or, if “B” rescues “A” from the facility, “B” is also guilty.
Section 266: Violation of condition of remission of punishment
Simple Translation: “Remission” (like parole or early release) is often given with conditions. If you are a convict who accepts such a conditional release, and you knowingly violate any of the conditions, you are guilty.
The Punishment: Your original sentence is reapplied. You will be sent back to jail to serve whatever time you had left.
Real-World Example: “A” is sentenced to 5 years. After 3 years, he is granted conditional remission (parole). A key condition is “you must not leave the city.” “A” knowingly violates this by traveling to another state. He can be re-arrested and sent back to jail to serve his remaining 2 years.
Section 267: Intentional insult or interruption to public servant sitting in judicial proceeding
Simple Translation: This is the crime of “Contempt of Court.” You are guilty if you intentionally insult or interrupt a public servant (like a judge or magistrate) while they are sitting in court and conducting a judicial proceeding.
Real-World Example: While a judge is trying to listen to a witness’s testimony, “A” (sitting in the gallery) stands up and shouts, “This is a kangaroo court! The judge is a fool!” “A” has intentionally interrupted and insulted the public servant during a judicial proceeding and is guilty.
Section 268: Personation of assessor
Simple Translation: This is the crime of impersonating an “assessor” (an old term for a person, like a juror, who is called to assist a court). You are guilty if you know you are not legally supposed to be an assessor for a case, but you intentionally get yourself sworn in (either by impersonating someone else or by lying) and “voluntarily serve” as one.
Real-World Example: “A” is called for jury duty (a form of assessor). He’s not legally qualified (e.g., he’s a convicted felon). He knows this, but he intentionally lies on the form and gets sworn in. He is guilty.
Section 269: Failure by person released on bail bond or bond to appear in Court
Simple Translation: This is the crime of jumping bail. If you are charged with an offense and released on bail (a bond) on the condition that you will appear in court, and you fail to show up without a “sufficient cause” (like a medical emergency), you are guilty of this separate crime.
Real-World Example: “A” is charged with theft. He is released on a bail bond and ordered to appear in court on December 1st. “A” decides to flee the state instead of going to court. He has now committed this crime (in addition to the original theft).
Explanation.— (a) in addition to the punishment…
Simple Translation: The punishment for jumping bail is added on top of any punishment you get for the original crime.
Explanation.— (b) without prejudice to the power of the Court to order forfeiture of the bond.
Simple Translation: The court can (and will) still forfeit your bail money in addition to charging you with this crime.
