Section 258 BNS: Commitment for Trial or Confinement Contrary to Law
Section 258 of the Bharatiya Nyaya Sanhita, 2023 punishes a person holding an office that gives legal authority to commit persons for trial or confinement, or to keep persons confined, where that authority is exercised corruptly or maliciously while knowing that the act is contrary to law.
Text of Section 258 of the Bharatiya Nyaya Sanhita, 2023
258. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
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 of Section 258 BNS
Section 258 addresses abuse of lawful authority over a person's liberty. It applies where a person occupies an office that legally empowers that person to commit another person for trial, send a person to confinement, or continue that person's confinement.
The offence requires more than an incorrect order or procedural error. The act must be done corruptly or maliciously, and the office-holder must know that committing or keeping the person in confinement is contrary to law.
Essential Ingredients of Section 258 BNS
- The accused must hold an office that gives 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 confined.
- 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 258 BNS
| Particular | Section 258 BNS |
|---|---|
| Offence | Corruptly or maliciously committing a person for trial or confinement, or keeping a person confined, while knowingly acting contrary to law |
| Punishment | Imprisonment of either description for up to 7 years, or fine, or both |
| Cognizable or non-cognizable | Non-cognizable |
| Bailable or non-bailable | Bailable |
| Court competent to try | Magistrate of the first class |
Who Can Be Liable under Section 258?
The section is limited to a person holding an office that carries legal authority to commit persons for trial or confinement, or to keep persons in confinement. Liability therefore depends on the legal powers attached to the office concerned, not merely on a person's physical ability to detain another person.
Meaning of "Corruptly or Maliciously"
The statutory wording requires corrupt or malicious exercise of authority. This is an important mental element. A bona fide mistake, an arguable legal interpretation or a procedural irregularity does not automatically amount to the offence described in Section 258 unless the required state of mind and knowledge are established.
Knowledge That the Act Is Contrary to Law
Section 258 expressly requires knowledge that the commitment for trial, confinement, or continued confinement is contrary to law. The prosecution therefore has to establish not only the unlawful character of the act but also the accused person's knowledge of that illegality.
Commitment for Trial and Confinement
The section covers three forms of exercise of authority: committing a person for trial, committing a person to confinement, and keeping a person in confinement. The provision is therefore capable of applying both at the stage when custody is first ordered and where unlawful confinement is knowingly continued.
Section 258 BNS and Former Section 220 IPC
Section 258 BNS substantially carries forward the subject previously dealt with by Section 220 of the Indian Penal Code, 1860. Because the IPC was repealed subject to statutory savings, conduct occurring before commencement of the BNS may require examination under the earlier law together with the applicable repeal-and-savings provisions.
Related BNS Provisions
Section 255 BNS: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
Section 256 BNS: Public servant framing an incorrect record or writing with intent to save person from punishment or property from forfeiture.
Section 257 BNS: Public servant in judicial proceeding corruptly making report, order, verdict or decision contrary to law.
Section 259 BNS: Intentional omission to apprehend on the part of a public servant bound to apprehend.
Quick Summary
Section 258 BNS penalises a person holding legal authority over commitment for trial or confinement who corruptly or maliciously commits or keeps another person confined while knowing that the act is contrary to law. The maximum punishment is seven years' imprisonment, or fine, or both. The offence is non-cognizable and bailable and is triable by a Magistrate of the first class.
This page provides general legal information and should not be treated as a substitute for professional advice on the facts of a particular case.