IPC Section 256
IPC Section 256 deals with “Penalty for public servant negligently acting in respect of documents required by law to be maintained.” It is part of Chapter IX of the Indian Penal Code, which deals with “Offences by or relating to public servants.”
Text of IPC Section 256 (Simplified)
"Whoever, being a public servant, neglects to maintain or destroy any document which he is required by law to maintain or destroy, shall be punished with imprisonment for up to 6 months, or with fine, or both."
Key Elements of Section 256
Who can commit this offence?
Only a public servant.
A public servant is defined under IPC Section 21 as anyone employed by the government to perform public duties.
Neglect of duty:
The public servant fails to maintain or destroy official records or documents as required by law.
Negligence can be omission (not doing something) rather than a deliberate act.
Documents required by law:
These are official documents, records, or papers which, by law, must be properly preserved or destroyed.
Examples: Government files, legal registers, or certificates.
Result:
This negligence can cause inconvenience or harm to the administration or to a person’s rights.
Punishment
Imprisonment: Up to 6 months
Fine: Court may impose a monetary penalty
Or Both: Depending on the case and severity.
Example
A government clerk is required to file and preserve land records properly. He carelessly destroys or misplaces the records, causing legal issues for citizens.
This falls under Section 256.
An officer fails to maintain tax records that he is legally obligated to keep.
This is negligent behavior by a public servant under Section 256.
Summary:
IPC Section 256 punishes public servants who negligently fail to maintain or destroy documents as required by law, emphasizing carelessness in official duties, even if there was no malicious intent.
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