Section 220 IPC: Commitment for Trial or Confinement Contrary to Law
Section 220 of the Indian Penal Code, 1860 punished a person holding an office that gave legal authority to commit persons for trial or confinement, or to keep persons confined, when that authority was corruptly or maliciously exercised while knowing that the act was contrary to law.
Section 220 IPC - statutory provision
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.
Meaning and scope of Section 220 IPC
The provision concerned misuse of a legally conferred authority over the trial or confinement of another person. The accused had to hold an office carrying legal authority to commit persons for trial, commit them to confinement, or keep them in confinement.
The section did not apply merely because an order or act concerning confinement was later found legally incorrect. Its express wording required the relevant commitment or continued confinement to be done corruptly or maliciously and with knowledge that the act was contrary to law.
Essential ingredients of Section 220 IPC
- The accused must hold an office giving legal authority to commit persons for trial or confinement, or to keep persons in confinement.
- The accused must exercise that authority by committing a person for trial, committing a person to confinement, or keeping a person in confinement.
- The act must be done corruptly or maliciously.
- The accused must know that, in exercising the authority in that manner, he or she is acting contrary to law.
Punishment and classification under Section 220 IPC
| Legal point | Pre-BNS position |
|---|---|
| Punishment | Imprisonment of either description up to 7 years, or fine, or both |
| Cognizable or non-cognizable | Non-cognizable |
| Bail | Bailable |
| Court competent to try | Magistrate of the first class |
Who could be liable under Section 220 IPC?
The statutory description was tied to the office held by the accused. The office had to confer legal authority over commitment for trial, commitment to confinement, or continued confinement. Liability under the section therefore depended not merely on public employment, but on the existence and exercise of the particular legal authority described in Section 220.
Meaning of "corruptly or maliciously"
Section 220 expressly required the exercise of authority to be corrupt or malicious. This mental element operated together with the separate requirement that the person exercising the authority knew that the commitment or confinement was contrary to law.
Knowledge that the act is contrary to law
Knowledge was an express statutory ingredient. The section addressed conduct where the office-holder knew, while exercising the authority, that committing the person for trial or confinement, or keeping the person confined, was contrary to law.
Commitment for trial and confinement
The section covered three forms of conduct: committing a person for trial, committing a person to confinement, and keeping a person in confinement. Thus, its wording was capable of addressing both an initial exercise of the relevant authority and continued confinement, provided the remaining statutory ingredients were present.
Section 219 and Section 220 IPC
Section 219 IPC concerned a public servant who corruptly or maliciously made or pronounced, at any stage of a judicial proceeding, a report, order, verdict or decision known to be contrary to law. Section 220 focused instead on corrupt or malicious commitment for trial or confinement, or continued confinement, by an office-holder having the legal authority described by the provision.
Related IPC provisions
For connected provisions concerning misuse of public authority and custody, see Section 217 IPC, Section 218 IPC, Section 219 IPC, Section 221 IPC and Section 223 IPC.
This page describes the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. The law applicable to a particular matter depends on the relevant facts and date of the alleged conduct.