BNS Section 230 - Public Servant Unlawfully Creating Records

Whoever, being a public servant, creates false or misleading official records or documents, shall be punished.

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Bailable, Cognizable

Official Text

Whoever, being a public servant, creates false or misleading official records or documents, shall be punished.

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Creating false or misleading records.
  • Official records or documents.

Potential Defenses:

  • Not a public servant.
  • No false records created.
  • Legitimate record creation.

Practical Examples

What Constitutes the Offense:

Government officials creating fake documents, public servants making false records, officials fabricating official papers.

What Doesn't Constitute:

Legitimate record creation, authorized documentation, or lawful paperwork.

Punishment

Imprisonment up to 3 years, or Fine, or both