Section 217 IPC: Public Servant Disobeying Direction of Law to Save Person or Property
Section 217 of the Indian Penal Code, 1860 punished a public servant who knowingly disobeyed a legal direction governing official conduct with the required intention or knowledge of saving a person from legal punishment, reducing that punishment, or saving property from forfeiture or a lawful charge.
Section 217 IPC - statutory provision
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Meaning of Section 217 IPC
The section applied specifically to a public servant. It addressed deliberate disobedience of a direction of law governing the manner in which that public servant was required to perform official duties. The provision further required a particular intention or knowledge concerning the consequence of that disobedience.
The prohibited purpose or likely consequence could relate either to a person or to property. In relation to a person, the conduct had to be intended, or known to be likely, to save that person from legal punishment or expose the person to a lesser punishment than legally due. In relation to property, the relevant intention or knowledge concerned saving property from forfeiture or from a charge to which it was legally liable.
Essential ingredients of the offence
- The accused must be a public servant.
- There must be a direction of law regulating the way in which that public servant is to conduct himself or herself in that official capacity.
- The public servant must knowingly disobey that direction of law.
- The disobedience must be accompanied by the intention, or the statutory knowledge of likelihood, of producing one of the consequences specified in Section 217.
- The relevant consequence must concern saving a person from legal punishment, subjecting that person to a lesser punishment, or saving property from forfeiture or a lawful charge.
Punishment under Section 217 IPC
The maximum punishment was imprisonment of either description for up to two years, or fine, or both.
| Legal point | Pre-BNS position |
|---|---|
| Maximum punishment | Imprisonment of either description up to 2 years, or fine, or both |
| Cognizable or non-cognizable | Non-cognizable |
| Bail | Bailable |
| Court competent to try | Any Magistrate |
What does "knowingly disobeys" mean in the section?
The wording makes knowledge material. Section 217 was not expressed as a punishment for every mistake, irregularity or incorrect official act. The statutory formulation required knowing disobedience of a direction of law, together with the specified intention or knowledge concerning punishment of a person or forfeiture or charge affecting property.
Saving a person from punishment
The person need not necessarily be saved from every legal consequence for the wording of the section to become relevant. The provision expressly included conduct intended, or known to be likely, either to save a person from legal punishment or to subject that person to a punishment less than the one for which the person was liable.
Saving property from forfeiture or charge
Section 217 also covered the property side of official misconduct. It referred to knowing disobedience accompanied by an intention to save, or knowledge of the likelihood of saving, property from forfeiture or from a charge to which the property was liable by law.
Section 217 and Section 218 IPC
Section 217 dealt with a public servant knowingly disobeying a direction of law with the specified intention or knowledge. The adjoining Section 218 IPC dealt specifically with a public servant framing an incorrect record or writing with intent to save a person from punishment or property from forfeiture. The precise statutory ingredients therefore had to be considered according to the alleged conduct.
Related IPC provisions
For nearby offences concerning harbouring, official misconduct and interference with apprehension or punishment, see Section 216 IPC, Section 216A IPC, and Section 218 IPC.
This page describes the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. The law applicable to a particular matter depends on the relevant facts and date of the alleged conduct.