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INDIAN KANOON SECTION 217 IPC - Indian Penal Code - Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

  • Description

    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.


    Applicable Offences

    Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture
    Punishment - 2 Years or Fine or Both
    This is a Bailable, Non-Cognizable offence and triable by Any Magistrate

    This offence in NOT compoundable.


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 17 years


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 Experience: 25 years


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  Greater Kailash 1
 Experience: 15 years


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