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Dhyan Singh (service)     04 November 2024

Can sitting judges be prosecuted under bns section 257?

Dear Experts, 

the new BNS u/s 257 says the following - Section 257.   Public servant in judicial proceeding corruptly making report, etc., contrary to law.

Please answer,

  1. Was there a similar provision in the CRPC / IPC / IEA?
  2. Do sitting district court judges come under the definition of public servant?


Learning

 5 Replies

P. Venu (Advocate)     04 November 2024

What are the facts? What is the context?

Dhananjay   05 November 2024

I am asking from the point of law. I believe BNS 247 is similar to section 219. So, asking if there is any precedent of sitting judges getting punished under this section. 

T. Kalaiselvan, Advocate (Advocate)     06 November 2024

A hypothetical question, if you read the provisions of law referred here properly, you can understand and find an answer by yourself.

 

Sankalp Tiwari   13 November 2024

Dear reader,
This answers your question about whether Section 257 of the new BNS Act applies to district court judges. According to Indian law, district court judges are considered 'public servants'. The definition of public servant in Section 21 of the IPC has been defined to include judges and other officers who perform public duties. Accordingly, provisions such as Section 257 relating to the acts of public servants in judicial proceedings would apply even to district court judges who act corruptly or contrary to the law.
Corpus Juris Secundum states, 'A judicial proceeding embraces the process including the steps leading to trial and the trial itself, and all proceedings after judgment.' Section 257 of the BNS Act categorically covers cases where a public servant makes a report or statement contrary to law during a judicial proceeding. This provision is trying to make judicial processes honest and accountable. In other words, if a district court judge engages in corrupt practices or reports lawfully, he shall be liable under this provision. For more detailed information and interpretation, soliciting a legal expert to whom the BNS Act's provisions and associated judicial provisions are known would be advisable. Hope this helps!

P. Venu (Advocate)     14 November 2024

Originally posted by : Sankalp Tiwari
Dear reader,This answers your question about whether Section 257 of the new BNS Act applies to district court judges. According to Indian law, district court judges are considered 'public servants'. The definition of public servant in Section 21 of the IPC has been defined to include judges and other officers who perform public duties. Accordingly, provisions such as Section 257 relating to the acts of public servants in judicial proceedings would apply even to district court judges who act corruptly or contrary to the law.Corpus Juris Secundum states, 'A judicial proceeding embraces the process including the steps leading to trial and the trial itself, and all proceedings after judgment.' Section 257 of the BNS Act categorically covers cases where a public servant makes a report or statement contrary to law during a judicial proceeding. This provision is trying to make judicial processes honest and accountable. In other words, if a district court judge engages in corrupt practices or reports lawfully, he shall be liable under this provision. For more detailed information and interpretation, soliciting a legal expert to whom the BNS Act's provisions and associated judicial provisions are known would be advisable. Hope this helps!

Is this an AI generated reply?


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