Bailabel Type : bailable

Description

Section 220 IPC: Commitment for Trial or Confinement by Person Having Authority Who Knows That He Is Acting Contrary to Law

Text of Section 220 IPC:

"Whoever, being a public servant or a person in authority, commits any person to trial or confinement, knowing that he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

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Detailed Explanation of Section 220 IPC:

Section 220 IPC deals with the abuse of authority by a public servant or any individual in a position of power, who knowingly commits a person to trial or confinement (like arrest or detention), despite acting contrary to the law.

Key Elements of the Offense:

1. Public Servant or Person in Authority:

   • The individual committing this offense must be a public servant (e.g., police officer, judicial officer, or any government official) or a person in authority (someone with the power to detain or arrest, such as a police officer).

2. Commitment for Trial or Confinement:

   • This refers to the action of detaining a person or committing them to a trial without following the legal procedure or without a valid legal reason.
   • For example, an officer who arrests a person illegally, or detains them without legal grounds, would be committing this offense.

3. Knowing That He Is Acting Contrary to Law:

   • The key aspect of this offense is that the person committing the illegal act knows that they are acting in violation of the law. This is not an accidental act, but rather a deliberate action taken with knowledge of its illegality.

Examples of the Offense:

• A police officer who arrests someone without a warrant or detains them without legal justification, knowing that the detention is unlawful, commits this offense.
• A judge or magistrate who commits someone to trial or orders their confinement without proper legal basis, while being fully aware of the lack of grounds, is also liable under this section.

Punishment

Punishment Under Section 220 IPC:

The punishment for a public servant or any person in authority who illegally detains or commits a person to trial or confinement, knowing their action is contrary to law, is:

1. Imprisonment: The punishment includes imprisonment for up to 2 years. This can be either simple imprisonment or rigorous imprisonment depending on the case.

2. Fine: In addition to imprisonment, the accused can also be subjected to a fine.

3. Combination: The court may impose both imprisonment and fine, depending on the severity of the offense.