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

Definition of BNS Section 258

Section 258 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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.”

Explanation and Illustration of BNS Section 258

This section is applicable to a specific class of public servants in the employ of any organisation or body under the Government of India, whether citizen, resident or otherwise. It deals with the offence of misusing legal authority. Let us break down the section to get a better understanding of it.

Offence

There is a very reserved class of people within the government machinery that hold the power to commit persons within the sovereign borders of India to trial and if necessary even confinement. Examples of people with such powers include judges and magistrates. These powers are discretionary powers, i.e., there may not always be specific guidance from the law with regards to when and where these powers can be used. Only the general guiding principle of public justice and responsibility of maintaining law and order. The rest is up to the wisdom of the person who is conferred with these powers. So while there is a general guiding principle, there is scope of misuse, if a person in that position chooses to do so. Needless to say, misuse of such powers can lead to gross injustice and abuse of the very people they are meant to serve.

This section specifically deals with this specific class of public servants and their misuse of such power. It states that any person who has been given the legal authority to commit persons for trial or to confinement, or to keep persons in confinement by any office, uses that power corruptly or maliciously against any person shall be considered an offender under the provisions of section 258. A corrupt act is one that is performed to deliberately deviate the proceeding from its true objective, which in the case of a judicial proceeding is deliverance of justice. A malicious act is one that is done to cause harm to a person for reasons of vengeance or animosity.

However, such acts must have been performed by the official, knowing that in doing so he is acting contrary to law. If there is an element of ignorance or misunderstanding, where the public official claims he or she was not aware that their actions are contrary to the law, then they may be recused under the provisions of this section. But if they cannot prove such claims, then they shall be punished under the provisions of this act.

Punishment

A public official who misuses his or her legal authority to commit a person to trial or confine them with corrupt or malicious intentions shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.

The above actions may not be an offence under this section if:

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