Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
Section 258 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 i The Act came into force on 01 Jul 2024.
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.
Section 258, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 220 Commitment for trial or confinement by person having authority who knows that he is acting contrary to law Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| 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. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ashok Kumar Mittal vs Sat Kamal Pathak
Decided under Indian Penal Code 220, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a complaint for perjury and false prosecution is filed after a malicious FIR has been quashed by the High Court, the limitation period for such complaint should be computed from the date of quashing of the FIR, not from the date of its registration. The cause of action arises when the false allegations are judicially determined to be baseless. Additionally, when multiple offences are charged together, the limitation period is determined with reference to the offence punishable with the most severe punishment, and the trial court must consider the substantive merits of the complaint before dismissing it on limitation grounds alone.
On this section: Fabricating false evidence to procure conviction for offence punishable with life imprisonment or 7 years imprisonment. Court emphasized that trial court should have considered this section and allowed petitioner to adduce evidence on its ingredients.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 258
What have the courts held on Section 258 of the Bharatiya Nyaya Sanhita?
Ashok Kumar Mittal vs Sat Kamal Pathak (29 Oct 2024) is the leading judgment on this section among those set out below, though it was decided under IPC 220, which this section replaced -- the court never mentioned this Act: Fabricating false evidence to procure conviction for offence punishable with life imprisonment or 7 years imprisonment. Court emphasized that trial court should have considered this section and allowed petitioner to adduce evidence on its ingredients.
Is Section 258 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 258 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 258 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 258, section 258 BNS, section 258 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 258 1 and bns 258 2. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ashok Kumar Mittal vs Sat Kamal Pathak (29 Oct 2024).
What should I read with Section 258 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 220 (Commitment for trial or confinement by person having authority who knows that he is acting contrary to law), so the judgments decided under that provision are the case law on this one.
When did Section 258 of the Bharatiya Nyaya Sanhita come into force?
Section 258 of the Bharatiya Nyaya Sanhita, cited as BNS 258, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.