BACK TO SECTIONS(2003) 4 SCC 601(1998) 3 SCC 410
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 161–169 to BNS 200–214.
2
Must be read with Prevention of Corruption Act 1988 (as amended 2018) for comprehensive corruption framework.
3
Public servant disobeying law (BNS 206) — key provision against selective enforcement and administrative abuse.
4
False official record (BNS 207) — bridges corruption and forgery of public documents.
THE STATUTE
The Clause
Section 200: Public servant taking gratification other than legal remuneration in respect of an official act. Section 202: Taking gratification, in order, by corrupt or illegal means, to influence public servant. Section 206: Public servant disobeying direction under law. Section 207: Public servant framing an incorrect document with intent to cause injury.
Legal Commentary
Sections 200–214 form the BNS's framework for offences committed by and in relation to public servants — a category of criminal conduct that sits at the heart of governance integrity. While the Prevention of Corruption Act (PCA) 1988 is the primary legislation targeting corruption, the BNS provisions address a complementary range of public servant misconduct. Section 200 (taking gratification — bribery) covers a public servant who accepts any consideration beyond their lawful remuneration for performing or refraining from an official act. The acceptance of a bribe — even if no actual favour is delivered — constitutes the offence at the moment of acceptance. Section 202 criminalises bribery from the giver's side — offering or giving a bribe to influence a public servant through corrupt or illegal means. This provision targets private citizens and companies who corrupt the system. Section 206 (disobeying law to cause injury) is the abuse of office provision — a public servant who deliberately violates their legal duties to cause harm to a specific person commits this offence. It covers the corrupt official who selectively enforces regulations against business rivals, the police officer who refuses to register an FIR against someone protected by political connections, and the bureaucrat who deliberately delays permissions to extort money. Section 207 (framing incorrect documents) addresses a particularly damaging form of official corruption — creating false official records, false charge sheets, false court documents, or false regulatory reports. When a public servant manipulates the official record, the harm propagates through every subsequent process that relies on that record.
Landmark Precedents
State of Maharashtra v. Dr Praful B. Desai (2003)
RELEVANCE
Addressed the scope of 'public servant' for corruption liability — a broader definition than commonly understood, covering all persons in service of the government or a government body.
CBI v. V.C. Shukla (1998)
RELEVANCE
Hawala corruption case — established that the Prevention of Corruption Act and IPC (now BNS) provisions operate together to provide comprehensive coverage of public servant corruption.
Case Simulations
"A building inspector who accepts ₹50,000 to overlook violations in a building — bribery under BNS 200 and Prevention of Corruption Act."
"A contractor who offers the building inspector ₹50,000 — bribe-giving under BNS 202."
"A police officer who deliberately refuses to register an FIR against a politically connected person — disobeying law to cause injury under BNS 206."
"A revenue official who creates a false mutation entry in land records to assist a land grab — framing incorrect document under BNS 207."
Expert Insights
Yes. Gratification under Section 200 includes any form of benefit — gifts, entertainment, services, sexual favours, discounts, or any valuable consideration beyond lawful remuneration. The Prevention of Corruption Act 1988 takes an even broader approach. Government servants are typically bound by conduct rules prohibiting acceptance of gifts beyond nominal value.
Yes. Section 202 (BNS) makes offering a bribe to influence a public servant through corrupt means a criminal offence. The Prevention of Corruption Act 2018 amendments also explicitly criminalise bribe-giving by private persons and companies.