Legal Provisions of Section 220 of Indian Penal Code, 1860.
Commitment for trial or confinement by person having authority who knows that he is acting contrary to law:
This section punishes one who has authority to commit persons for trial or to confinement and knows that he is acting contrary to law. The section says that whoever, holding any office which empowers him legally to either commit persons for trial or to confinement, or to keep persons in confinement, commits any person for trial or confinement either corruptly or maliciously, or keeps any person in confinement corruptly or maliciously while exercising that legal authority, with the knowledge that in so doing he is acting contrary to law, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, or with fine, or with both.
ADVERTISEMENTS:
The prosecution must prove that the accused was holding such an office which gave him authority under law to commit person for trial or to confinement, or to keep persons in confinement. This must be done corruptly or maliciously, and he must also have known that he was acting contrary to law.
The word ‘corruptly’ which has been used in sections 196, 198, 200 and 219 also, means that the act has been done with the intention of gaining an unfair advantage, inconsistent with the rights of others, or one’s own official duty. The word ‘maliciously’ means an act done with ill will or spite without any just cause or excuse to the detriment of another.
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Unlawful confinement with a view to commit extortion with a view to pressurize the person confined to come to terms with another person in whom the accused is interested. have been held to be punishable under this section as such acts are done ‘corruptly’ or ‘maliciously’.
ADVERTISEMENTS:
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.