IPC Section 220 and BNS Section 258: Unlawful Commitment or Confinement

IPC Section 220 and BNS Section 258 at a glance

The classification above follows the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Whether the IPC or BNS governs a particular incident depends on when the alleged act occurred and the applicable saving and transitional provisions.

Text of IPC Section 220

Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting 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.

BNS Section 258 retains this substantive wording and punishment. Consult the official BNS statutory text for the current provision.

Essential ingredients of the offence

1. Office and authority: The accused holds an office carrying legal authority to commit a person for trial or confinement, or to keep a person confined.
2. Exercise of that authority: The accused commits someone for trial, orders confinement, or continues confinement while purporting to exercise that authority.
3. Knowledge of illegality: The accused knows that the particular action is contrary to law.
4. Corrupt or malicious conduct: The action is done corruptly or maliciously; a mere error or disagreement about a lawful order does not by itself establish this element.

The prosecution must establish the applicable elements on the evidence. An unlawful detention may also raise other statutory or constitutional remedies, but does not automatically prove every ingredient of this particular offence.

Punishment, cognizability and bail

The maximum prescribed sentence is seven years of imprisonment, or a fine, or both. Imprisonment may be simple or rigorous. Under the BNSS First Schedule, the offence under BNS Section 258 is non-cognizable, bailable, and triable by a Magistrate of the first class. Non-cognizable generally means police cannot arrest without a warrant solely for that offence and investigation ordinarily requires a Magistrate's order, subject to applicable procedure and any other offences involved.

Official reference: BNSS First Schedule - Classification of Offences.

How the provision may apply

For example, where an official empowered to keep a person in custody deliberately continues confinement after knowing that no legal authority remains, and does so corruptly or maliciously, the facts may call for examination under Section 258. The outcome depends on the actual order, statutory authority, knowledge, intent and evidence. A mistaken administrative act, without the required mental element, is not necessarily an offence under this section.

Related provisions and remedies

BNS Section 257 concerns a public servant who corruptly or maliciously makes a report, order, verdict or decision contrary to law during a judicial proceeding. BNS Section 256 concerns a public servant knowingly framing an incorrect record with specified harmful or protective intent. These offences have distinct ingredients and should not be conflated with Section 258.

In an appropriate case, unlawful custody may also be challenged through statutory bail or release procedures, or constitutional remedies, including a petition for habeas corpus. The correct remedy depends on the facts and forum.

Frequently asked questions

What replaced IPC Section 220?

BNS Section 258 is the corresponding provision for corrupt or malicious commitment for trial or confinement by an authorised official who knows the action is unlawful.

Is BNS Section 258 bailable?

Yes. The BNSS First Schedule classifies the offence as bailable and non-cognizable.

What is the maximum punishment?

Imprisonment of either description for up to seven years, or fine, or both.

Does every wrongful detention attract Section 258?

No. The specified legal authority, knowledge and corrupt or malicious conduct must be established.

Official legal sources

• Bharatiya Nyaya Sanhita, 2023 - Government-hosted text (Section 258)
• Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code (First Schedule)
• NCRB - BNS sections