Legal provisions regarding Commitment for trial or confinement by person having authority who knows that he is acting contrary to law under 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:
“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 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.”
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Section 220 elaborates the principle laid in Section 219. The application of Section 220 is general while under the purview of Section 219 come judicial officers. The object of Section 220 is to prevent illegal commitments for trial or illegal confinement.
The points to be proved under Section 220 are:
(i) The accused held some office;
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(ii) He had legal authority to (a) keep persons in confinement,
(b) To commit persons to confinement, (c) to commit for trial;
(iii) He confined or committed a person to confinement in exercise of such authority;
(iv) He did so corruptly or maliciously;
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(v) His act was contrary to law;
(vi) He was then aware of it.
The offence under Section 220 is non-cognizable but warrant should ordinarily issue. It is bailable but not compoundable and is exclusively triable by a Magistrate of the first class.