Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
What this section does
Targets persons holding an office that gives them legal authority to commit persons for trial, to confinement, or to keep persons in confinement, who corruptly or maliciously exercise that authority knowing they are acting contrary to law. The offence requires both the corrupt or malicious motive and actual knowledge of acting contrary to law.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 7 years, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- Accused holds an office conferring legal authority to commit persons for trial or to confinement, or to keep persons in confinement
- Accused committed a person for trial or to confinement, or kept a person in confinement, in exercise of that authority
- The act was done corruptly or maliciously
- Accused knew that in so doing he was acting contrary to law
Practitioner note
The section covers both wrongful commitment for trial and wrongful continuation of confinement. Knowledge of illegality is an essential ingredient — honest mistake is not covered.
Derived from IPC s.220.
Read the official text
For the binding statutory text of BNS Section 258, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 258 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.