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Principle Under section 120(1) of the Bharatiya Nyaya Sanhita, 2023, voluntarily causing hurt to…

Section 120(1) of the Bharatiya Nyaya Sanhita, 2023 makes it an offence to voluntarily cause hurt to obtain a confession or information that may lead to detection of an…

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Principle Under section 120(1) of the Bharatiya Nyaya Sanhita, 2023, voluntarily causing hurt to extract a confession or to obtain information that may lead to detecting an offence or recovering property is punishable by up to seven years’ imprisonment. The offender is also liable to a fine.

Facts X, a police officer, tortures Y to find out where Y put stolen property. Has X committed an offence?

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Answer and explanation

Correct answer B

Section 120(1) of the Bharatiya Nyaya Sanhita, 2023 makes it an offence to voluntarily cause hurt to obtain a confession or information that may lead to detection of an offence or restoration of property. Illustration (b) covers a police officer torturing someone to locate stolen property. The maximum prison term is seven years, and the offender is also liable to a fine.

Option feedback

Option A

Incorrect. Custodial torture to extract information or a confession is a criminal offence and is never protected as the lawful discharge of official police duty.

Option B

Correct. Under Section 120(1), Illustration (b) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 330, Illustration (b) of the IPC, 1860), a police officer who tortures a person to induce him to point out where stolen property is deposited is guilty of an offence; custodial torture is illegal and forms no part of official duty.

Option C

Incorrect. Far from excusing the act, the purpose of extracting a confession or information leading to the detection of an offence is the very ingredient that attracts liability under Section 120(1) BNS (formerly Section 330 IPC).

Option D

Incorrect. X commits the offence in section 120(1) by inflicting hurt to obtain information about the stolen property.

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