Bailabel Type : bailable

Description

Introduction

Public servants, such as government officials, police officers, judges, and revenue officers, are entrusted with the duty of preparing and maintaining official documents. If a public servant knowingly creates or alters an official document incorrectly with the intention to harm another person, it becomes a criminal offense under Section 167 IPC.

This law prevents corruption, abuse of authority, and falsification of public records by punishing those who misuse their official position to frame false documents.

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Key Elements of Section 167 IPC

1. The accused must be a public servant – This includes:

   • Police officers
   • Government officials
   • Revenue officers
   • Court clerks and judges

2. The public servant must be legally bound to create or maintain an official document –

   • The accused must have a legal duty to prepare, update, or maintain a document.
   • If a person is not legally responsible for creating documents, they cannot be prosecuted under this section.

3. The document must be incorrect or false –

   • The public servant must have deliberately entered false information or omitted necessary details.
   • The document must be official in nature (e.g., police reports, government orders, judicial records).

4. The incorrect document must be framed with intent to cause injury –

   • The public servant must have intended to harm a specific individual by creating the incorrect document.
   • "Injury" includes financial loss, wrongful conviction, or loss of rights or property.

For example, if a police officer knowingly files a false FIR against an innocent person to settle a personal grudge, they can be punished under Section 167 IPC.

Punishment

Punishment Under Section 167 IPC

A public servant guilty under Section 167 IPC faces:

• Imprisonment for up to 3 years, OR
• Fine, OR
• Both imprisonment and fine