Bharatiya Nyaya Sanhita, 2023
Section 258
Commitment for trial or confinement by person having authority who knows that he is
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.
Why this exists
This provision, earlier Section 220 of the Indian Penal Code, 1860, protects individuals from officials who abuse their power to detain or commit people for trial, ensuring that the serious power to deprive someone of liberty is not exercised out of malice or corruption while knowingly ignoring the law.
Common misconceptions
- Myth: Jail and detention officials have unquestionable authority over how long someone stays confined.
Fact: Officials must act within the law when detaining someone, and corruptly or maliciously detaining a person while knowing it is unlawful is itself a criminal offence.