Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
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Summary
An officer who has legal power to commit someone for trial or to keep someone in custody, but corruptly or maliciously does so knowing it is unlawful, commits an offence. The offender may be punished with imprisonment for up to seven years, or with fine, or with both.
Example
Ravi is granted bail by the magistrate, but the jail superintendent, knowing the bail order is valid and acting maliciously, refuses to release Ravi and keeps him in custody. The superintendent can be prosecuted and faces up to seven years' imprisonment, a fine, or both under this provision.
Bare Act
Enacted textWhoever, 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.
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