IPC Section 167 - Public Servant Framing an Incorrect Document with Intent to Cause Injury

Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he will 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.

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Non-bailable, Cognizable

Official Text

“Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he will 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.”

Legal Analysis

Elements to Prove:

  • The accused was a public servant.
  • They were charged with preparing or translating documents.
  • They framed or translated the document incorrectly.
  • They knew or believed it to be incorrect.
  • They intended to cause injury or knew it was likely.

Potential Defenses:

  • The accused was not a public servant.
  • The document was not incorrect.
  • The accused had no knowledge of the incorrectness.
  • No injury was intended or likely.

Practical Examples

What Constitutes the Offense:

A government official deliberately preparing false reports, or a translator intentionally mistranslating official documents.

What Doesn't Constitute:

A public servant making an honest error, or acting under pressure from superiors.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized that this section applies when public servants deliberately prepare incorrect documents with the intent to cause injury.

Punishment

Imprisonment for up to 3 years, or Fine, or both

Related Information

Connected Sections:

This section deals with document fraud by public servants. It is often charged alongside forgery and fraud offenses.

Procedural Aspects:

Prosecution requires sanction from the competent authority. The case is triable by a Magistrate of the first class.

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