Bharatiya Nyaya Sanhita, 2023
BNS Section 258
Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
In one line
BNS Section 258 deals with commitment for trial or confinement by person having authority who knows that he is acting contrary to law and replaces IPC 220.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 258 | Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law. | Imprisonment for 7 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 258
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.
Frequently asked
What was BNS Section 258 in the IPC?
BNS Section 258 (Commitment for trial or confinement by person having authority who knows that he is acting contrary to law) replaces Section 220 of the Indian Penal Code, 1860. IPC 220 is now BNS 258.
What is the punishment under BNS 258?
Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law – punishable with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 258 bailable?
Bailable: BNS 258. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 253 — Harbouring offender who has escaped from custody or whose apprehension has been ordered
- BNS 254 — Penalty for harbouring robbers or dacoits
- BNS 255 — Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
- BNS 256 — Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
- BNS 257 — Public servant in judicial proceeding corruptly making report, etc., contrary to law
- BNS 259 — Intentional omission to apprehend on part of public servant bound to apprehend
- BNS 260 — Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
- BNS 261 — Escape from confinement or custody negligently suffered by public servant
- BNS 262 — Resistance or obstruction by a person to his lawful apprehension
- BNS 263 — Resistance or obstruction to lawful apprehension of another person