Section 258 BNS: Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

Bharatiya Nyaya Sanhita, 2023

Section 258 BNS at a Glance

Section 258 BNS deals with commitment for trial or confinement by person having authority who knows that he is acting contrary to law. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 220 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to seven years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 220 →

Section 258 BNS Bare Act Text

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.

Source: Section 258, Bharatiya Nyaya Sanhita, 2023

Section 258 BNS in Simple Words

Section 258 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who holds an office giving him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, and who corruptly or maliciously exercises that authority to commit a person for trial or confinement, or to keep a person in confinement, knowing that in doing so he is acting contrary to law.

In simple terms, this section targets corrupt or malicious abuse of official power, not a good faith error or procedural mistake. It applies to magistrates, judges, prison officials, police officers, and other authorities vested with legal power over commitment or detention. The offence is punishable with imprisonment of either description for up to seven years, or with fine, or with both.

Ingredients of Section 258 BNS

  • Holding of an office conferring legal authority to commit for trial or confinement, or to keep in confinement
  • Committing a person for trial or confinement, or keeping a person in confinement, in exercise of that authority
  • Corrupt or malicious intention
  • Knowledge that such commitment or confinement is contrary to law

Punishment Under Section 258 BNS

Imprisonment

Imprisonment of either description for a term which may extend to seven years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Corruptly or maliciously committing a person for trial or confinement, or keeping a person in confinement, knowing it to be contrary to law carries imprisonment of either description for up to seven years, or fine, or both.

Example of Section 258 BNS

Kishore is a jail superintendent in Meerut who holds legal authority to keep persons in prison confinement. The High Court grants bail to Tariq and issues a formal release order that is delivered to Kishore. Kishore demands fifty thousand rupees as an illegal gratification to release Tariq, and upon refusal, maliciously keeps Tariq confined in jail for another week knowing that continued detention is contrary to law. Kishore is liable under Section 258 BNS.

When Section 258 BNS Does Not Apply

  • The accused did not hold any office giving legal authority to commit persons for trial or confinement or to keep persons in confinement
  • The accused did not commit any person for trial or confinement and did not keep any person in confinement
  • The commitment or confinement was carried out without corrupt or malicious intent, or without knowledge that the act was contrary to law

Section 258 BNS in the IPC (Previous Law)

Section 258 BNS replaces Section 220 IPC from the old criminal code.

Section 220 IPC is now Section 258 BNS, with the same title, the same words and the same punishment.

View IPC Section 220 →

FAQs on Section 258 BNS

Who can be punished under Section 258 BNS?▼

This section applies to any person holding an office that gives legal authority to commit persons for trial or confinement, or to keep persons in confinement, who corruptly or maliciously exercises that authority while knowing that the act is contrary to law.

Does every wrong detention fall under Section 258 BNS?▼

No. A mere mistake, clerical error, or incorrect legal view is not enough. The prosecution must show that the authority acted corruptly or maliciously and knew that the commitment or confinement was contrary to law.

What is the punishment under Section 258 BNS?▼

The punishment is imprisonment of either description for a term which may extend to 7 years, or fine, or both.

Does Section 258 BNS cover keeping someone in custody after their release is ordered?▼

Section 258 BNS covers both committing a person for trial or confinement and keeping a person in confinement, so long as the accused holds an office giving legal authority to do so and acts corruptly or maliciously knowing the act is contrary to law.

Have questions about Section 258 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·