Section 258 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 258 of the Bharatiya Nyāya Sanhitā (BNS), 2023, which is within Chapter XIV: False Evidence and Offences Against Public Justice:
🎯 Section 258 – Commitment for Trial or Confinement by Person with Authority
📜 Statutory Text Summary:
A person who holds legal authority to commit someone for trial or to confine them, and who does so corruptly or maliciously, or retains their confinement knowing it is contrary to law, is guilty of an offence. Such misuse of power carries a punishment of up to 7 years’ imprisonment, a fine, or both. (sudhirrao.com)
🔍 Key Points
Who it applies to:
Any person in a position of legal authority—such as a magistrate, police officer, or other official with power to order trial or detention.
What it criminalizes:
Making an unlawful commitment for trial or imprisonment, or
Continuing to keep someone in confinement when one is aware that such confinement is against the law.
Mens Rea (mental state):
Must act corruptly or maliciously, with knowledge of wrongdoing—i.e., they know they’re violating legal norms.
Punishment:
Up to 7 years’ imprisonment,
And/or fine. (en.themooknayak.com, lawrato.com, en.wikipedia.org)
Classification:
Non-cognizable (i.e., police need a warrant to arrest),
Bailable,
Triable by a First-Class Magistrate (per standard legal interpretation). (lawrato.com)
⚖️ Legal Significance
Prevents abuse of legal authority — penalizing those who misuse detention powers for ulterior motives.
Ensures accountability — a public servant or any empowered person cannot arbitrarily deprive someone of liberty without legal basis.
Stronger than IPC — while traditional IPC may cover wrongful confinement, BNS §258 explicitly targets the abuse of lawful authority with corrupt intent.
✅ At-a-Glance Comparison
| Feature | Section 258 BNS |
|---|---|
| Subject | Authorized officials (e.g., magistrates, police) |
| Offence | Corrupt/malicious unlawful commitment/confinement |
| Required Intent | Corrupt or malicious, with knowledge |
| Penalty | Up to 7 years’ imprisonment and/or fine |
| Arrest Nature | Non-cognizable, bailable |
| Trial Court | First-Class Magistrate |
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