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Section 258: Commitment for Trial or Confinement by Person Acting Contrary to Law

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 220 IPC
Section 257 All 358 Sections of Bharatiya Nyaya Sanhita Section 259

Legal Commentary & Landmark Judgments: Section 258

Section 258 punishes anyone who, having authority to commit persons for trial or to confinement, corruptly or maliciously commits or confines any person contrary to law.

  • Authority to Confine: Holding lawful authority to remand, detain, or commit persons to judicial or police custody.
  • Illegal Confinement: Ordering detention or remand in flagrant violation of statutory prerequisites.
  • Corrupt or Malicious Intent: Acting with corrupt bias, malice, or extraneous motive.
Key Landmark Precedents:
  • D.K. Basu v. State of West Bengal (1997) 1 SCC 416: The Supreme Court held that arbitrary or illegal remands violating constitutional guarantees of personal liberty expose remand authorities to judicial scrutiny.
  • Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: The Apex Court warned that Magistrates authorizing detention mechanically without recording satisfaction under Section 41 CrPC (Section 35 BNSS) face disciplinary and penal action.
Courtroom Practice & Strategic Litigation Guidance:

In unlawful detention claims, verify whether the remand magistrate recorded independent satisfaction under Section 187 BNSS or merely rubber-stamped the police remand plea.

Section 257 All 358 Sections of Bharatiya Nyaya Sanhita Section 259