Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 120: Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
- (1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Illustrations:
(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.
(b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.
(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.
- (2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Brief Detail
BNS Section 120 addresses the offence of causing hurt or grievous hurt to extort a confession, information, or to compel the restoration of property. If hurt is inflicted to obtain confessions, information leading to detection of crimes, or to enforce the restoration of property, the perpetrator can face imprisonment of up to seven years and a fine. For causing grievous hurt with the same intentions, the punishment extends to ten years of imprisonment and a fine.
Question & Answers
Q1: What is the punishment for causing hurt to extort a confession or compel restoration of property under BNS Section 120?
A1: The punishment for causing hurt to extort a confession or compel restoration of property can be imprisonment for up to seven years and a fine.
Q2: What are the penalties for causing grievous hurt for the same purposes under BNS Section 120?
A2: The penalties for causing grievous hurt to extort a confession or compel the restoration of property include imprisonment for up to ten years and a fine.
Q3: Can a police officer be guilty under this section for torturing someone to obtain a confession?
A3: Yes, a police officer who tortures someone to obtain a confession or information can be guilty under this section.
Q4: What does the section say about extorting information leading to the detection of an offence?
A4: The section includes extorting information leading to the detection of an offence or misconduct as an offence, punishable by imprisonment and a fine.
Example
Scenario 1: A police officer tortures an individual to force them to confess to a crime. The officer can be punished with imprisonment for up to seven years and a fine.
Scenario 2: An officer tortures someone to locate stolen property. The punishment can be imprisonment for up to seven years and a fine.
Scenario 3: A revenue officer inflicts grievous hurt to compel someone to pay overdue taxes. The officer can face up to ten years of imprisonment and a fine.
Summary
BNS Section 120 criminalizes causing hurt or grievous hurt to extract confessions, information, or to enforce the return of property. The section outlines specific penalties for causing such harm, ranging from seven to ten years of imprisonment and fines, depending on the severity of the hurt and the nature of the extortion.
