Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
Section 220 of the Indian Penal Code, 1860 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 220, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 258 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 The repealed enactment still governs what happened while it was in force.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.
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
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 220
What have the courts held on Section 220 of the Indian Penal Code?
Ashok Kumar Mittal vs Sat Kamal Pathak (29 Oct 2024) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 220 of the Indian Penal Code?
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: IPC 220, section 220 IPC, section 220 of the Indian Penal Code. 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 220 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 258 (Commitment for trial or confinement by person having authority who knows that he is acting contrary to law), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 220 of the Indian Penal Code come into force?
Section 220 of the Indian Penal Code, cited as IPC 220, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.