Section 219 IPC: Public Servant in Judicial Proceeding Making Report or Decision Contrary to Law
Section 219 of the Indian Penal Code, 1860 punished a public servant who corruptly or maliciously made or pronounced, at any stage of a judicial proceeding, a report, order, verdict or decision which the public servant knew to be contrary to law.
Section 219 IPC - statutory provision
Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Meaning and scope of Section 219 IPC
The section applied to a public servant acting at any stage of a judicial proceeding. The prohibited act was the making or pronouncing of a report, order, verdict or decision. The statutory language required the act to be done corruptly or maliciously and required knowledge that the report, order, verdict or decision was contrary to law.
Accordingly, the text contained several distinct requirements. The status of the accused, the judicial nature of the proceeding, the character of the act, the corrupt or malicious element and knowledge that the act was contrary to law were all material to the offence as framed by Section 219.
Essential ingredients of Section 219 IPC
- The accused must be a public servant.
- The act must occur at some stage of a judicial proceeding.
- The public servant must make or pronounce a report, order, verdict or decision.
- The act must be done corruptly or maliciously.
- The public servant must know that the report, order, verdict or decision is contrary to law.
Punishment and classification under Section 219 IPC
| Legal point | Pre-BNS position |
|---|---|
| Punishment | Imprisonment of either description up to 7 years, or fine, or both |
| Cognizable or non-cognizable | Non-cognizable |
| Bail | Bailable |
| Court competent to try | Magistrate of the first class |
Meaning of "corruptly or maliciously"
Section 219 did not state that every legally incorrect report, order, verdict or decision constituted the offence. Its express wording required the public servant to act corruptly or maliciously, in addition to knowing that the report, order, verdict or decision was contrary to law. Those mental elements formed part of the statutory offence.
Knowledge that the act is contrary to law
The provision expressly required knowledge that the relevant report, order, verdict or decision was contrary to law. This knowledge requirement is important when distinguishing the offence described by Section 219 from an allegation based merely on legal error or disagreement with a decision.
What acts were covered?
The statutory wording covered four categories of judicial acts: a report, order, verdict or decision. It applied when such an act was made or pronounced at any stage of a judicial proceeding, subject to the other ingredients of Section 219 being satisfied.
Section 218 and Section 219 IPC
Section 218 IPC dealt with a public servant charged with preparing a record or writing who knowingly framed it incorrectly with the specified intention or knowledge. Section 219 focused specifically on a public servant corruptly or maliciously making or pronouncing a report, order, verdict or decision in a judicial proceeding while knowing it to be contrary to law.
Section 219 and Section 220 IPC
Section 220 IPC addressed corrupt or malicious commitment for trial or confinement, or continued confinement, by a person having legal authority who knew that the act was contrary to law. Section 219, by contrast, was directed to the specified report, order, verdict or decision made or pronounced in a judicial proceeding.
Related IPC provisions
Related provisions include Section 217 IPC, Section 218 IPC, Section 220 IPC and Section 228 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.