Legal Question in Administrative Law in India

Re: meaning of IPC Act 217

What you mean is section 217 of Indian Penal Code, 1860

Section 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is 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

I am giving below an earlier Law-Guru query, posted Posted: 3/23/2008, regarding this section:

Criminal Writ Petititon under IPC-217 & Constitiution 32 /226

18months back, we had filed few complaints before The Registrar of CHS of Criminal Mis-Management of Society's Assets & Funds including Improper Transfer of flats by MC to themselves, of owners untraceable for more than 7 yrs. Based on clinching evidences Registrar ordered Inquiry, on payment of fees, which has remained dormant for more than 12 months.In the meantime due to further negligence & non-repairs & maintenance's of Assets it became from repairable grade to worst grade requiring massive repairs.

In the meantime, BMC observed the building appeared in inhabitable condition, Hence issued a threatening notice to repair quickly or they would launch prosecution & simultaneously do it and recover from those responsible. Unfortunately, the society managed that stage & ensured that BMC also remains dormant for more than 12 months. Now the Society knowing the consequences of Severe Punishment in collusion with the above public servants has decided to dispose of the property under the garb of repair expenses beyond common man's reach. Since these public servants have circumvented Section 217 of IPC, can we launch a Criminal Writ Petition & seek justice with actions & directions from the Honorable courts. Please guide.

M C Gupta

MD, LL.M.

Advocate

Re: meaning of IPC Act 217

public servant disobeying dierection of law with intent to save person from punishment or property from forfeiture.its a non cognizable,bailabl,non-compoundable

Re: meaning of IPC Act 217

IPC Act 217 says:

Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

Meaning :

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is 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

Re: meaning of IPC Act 217

please read it in commentry for its meaning