Legal provisions regarding Public servant in judicial proceeding corruptly making report, etc., contrary to law under section 219 of Indian Penal Code, 1860.
Public servant in judicial proceeding corruptly making report, etc., contrary to law:
“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.”
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ADVERTISEMENTS:
Section 219 should be read along with Section 77, IPC. Section 219 is concerned with corrupt or malicious exercise of the power vested in a public servant for a particular purpose.
(i) The accused was a public servant;
(ii) He was in any stage of a judicial proceeding;
ADVERTISEMENTS:
(iii) He made any report, order, verdict, or decision;
(iv) He did so corruptly or maliciously;
(v) The report, order, verdict or decision was contrary to law;
(vi) The accused was then aware of it.
ADVERTISEMENTS:
The offence under Section 219 is non-cognizable but warrant should ordinarily issue. It is bailable but not compoundable and triable by a Magistrate of the first class.