Section 220 IPC: Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

Indian Penal Code, 1860

Section 220 IPC at a Glance

Section 220 IPC 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; from 1 July 2024 it is replaced by Section 258 BNS.

Punishment

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

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

Section 258 →

Section 220 IPC Bare Act Text

220. 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 220, Indian Penal Code, 1860

Section 220 IPC in Simple Words

Section 220 of the Indian Penal Code (IPC) punishes any person who holds an office giving legal authority to commit persons for trial or confinement, or to keep persons in confinement, and corruptly or maliciously commits any person for trial or confinement, or keeps any person in confinement, knowing that in doing so he is acting contrary to law.

The punishment is imprisonment of either description for up to seven years, or fine, or both.

The offence is non-cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 220 IPC

  • The accused held an office giving him legal authority to commit persons for trial or to confinement, or to keep persons in confinement
  • The accused committed a person for trial or to confinement, or kept a person in confinement, in the exercise of that authority
  • The accused acted corruptly or maliciously
  • The accused knew that in so doing he was acting contrary to law

Punishment Under Section 220 IPC

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 220 IPC

In 2019, Devendra held office as the officer in charge of a police station in Guwahati, which gave him legal authority to commit arrested suspects to lock-up confinement. Because of a personal land dispute with his neighbour Pranav, Devendra fabricated an entry in the station diary and maliciously committed Pranav to the police lock-up in the exercise of his official authority. Devendra knew that Pranav had committed no offence and that confining him without any legal ground was contrary to law. Devendra is punishable under Section 220 IPC.

When Section 220 IPC Does Not Apply

  • Section 220 IPC does not apply when the person ordering or maintaining the detention holds no official position that confers legal authority to commit for trial or to confine.
  • Section 220 IPC does not apply if no person is actually committed for trial, committed to confinement, or kept in confinement.
  • Section 220 IPC does not apply where the officer acts in good faith without any corrupt or malicious motive.
  • Section 220 IPC does not apply if the officer genuinely believes on reasonable grounds that the commitment or confinement is lawful and does not know that he is acting contrary to law.

Section 220 IPC in the BNS

Section 220 IPC is now covered under Section 258 BNS.

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

View detailed comparison (IPC 220 vs BNS 258) →

FAQs on Section 220 IPC

What does Section 220 IPC punish?▼

It punishes a person in office with legal authority to commit or confine who corruptly or maliciously commits a person for trial or confinement, or keeps him confined, knowing it is contrary to law.

What is the punishment under Section 220 IPC?▼

Imprisonment of either description for a term which may extend to seven years, or fine, or both.

Does Section 220 IPC apply to lawful custody maintained under a valid court order?▼

No. The section requires proof that the commitment or confinement was done corruptly or maliciously with knowledge that it was contrary to law.

Is an offence under Section 220 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 220 IPC?▼

A Magistrate of the first class.

Can an offence under Section 220 IPC be compounded?▼

No. Section 220 IPC is not compoundable under Section 320 CrPC.

Where is Section 220 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 258 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·