What is Section 220 IPC? Commitment for trial or confinement by authority contrary to law
Published on: Lawiz Team
Learn about Section 220 IPC: Commitment for trial or confinement by authority contrary to law
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 220 punishes any public servant who knowingly commits a person to trial or confinement, knowing that they are acting unlawfully.
Purpose
To ensure that public servants do not misuse their authority to wrongfully confine individuals or initiate unjust trials.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, or fine, or both.
Key Elements
1. The person must be a public servant. 2. They must commit a person to trial or confinement. 3. They must know that their action is contrary to law.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Legal Defenses
If the public servant can prove they genuinely believed their action was lawful.
Judicial Interpretation
Courts focus on whether the public servant knew their action was unlawful.
Illustration
If a police officer illegally detains a person without any valid reason, they can be punished under Section 220.
FAQs
What does Section 220 IPC define?
Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
Where is Section 220 IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 220 IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 220 IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 220 IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 220 IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 220 IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.