Section 201 BNS: Public Servant Framing an Incorrect Document With Intent to Cause Injury

Section 201 of the Bharatiya Nyaya Sanhita, 2023 applies where a public servant who is officially charged with preparing or translating a document or electronic record knowingly or believingly prepares it incorrectly, intending thereby to cause injury to a person or knowing that injury is likely.

Law in force: Section 201 forms part of Chapter XII of the Bharatiya Nyaya Sanhita, 2023, dealing with offences by or relating to public servants.

Text of Section 201 BNS

201. Public servant framing an incorrect document with intent to cause injury.

Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Essential Ingredients of Section 201

The accused must be a public servant.
The public servant must be officially charged with preparation or translation of a document or electronic record.
The document or electronic record must be framed, prepared or translated in a manner the public servant knows or believes to be incorrect.
The act must be done with intent to cause injury to a person, or with knowledge that injury is likely to be caused.

Knowledge and purpose are central: Section 201 is not framed to punish every drafting, clerical or translation error. The statutory text requires knowledge or belief that the document or record is incorrect together with the required intent or knowledge concerning injury.

Document and Electronic Record

Section 201 expressly covers both traditional documents and electronic records. Accordingly, an official digital record, electronically prepared statement, translated electronic file or other electronic record may fall within the section where all statutory ingredients are satisfied.

The provision also covers three forms of conduct: framing, preparing and translating the document or electronic record. The public servant must be acting in the official capacity in which he or she is charged with that task.

Meaning of "Injury" Under Section 2(14) BNS

Section 2(14) BNS defines "injury" as any harm whatever illegally caused to any person in body, mind, reputation or property.

For Section 201, therefore, the contemplated injury is not limited to physical harm. Depending on the facts, the alleged harm may concern a person's body, mind, reputation or property, provided the other statutory elements are established.

Punishment, Cognizability, Bail and Court

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 201 as follows:

Provision	Punishment	Cognizable	Bailable	Triable by
Section 201 BNS	Imprisonment of either description up to 3 years, or fine, or both	Yes	Yes	Magistrate of the First Class

Official Resources

This page is intended as general legal information. Application of Section 201 BNS depends on the public servant's official duty, the document or electronic record concerned, the alleged incorrectness, the required state of mind and the evidence.