(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.
Simplified Explanation
Section 120 of the Bharatiya Nyaya Sanhita (Indian Penal Code) addresses the offense of voluntarily causing hurt or grievous hurt to extort confessions or to compel the restoration of property. This section primarily targets those who use violence or coercion to obtain information, confessions, or the restoration of property through forceful means.
Text of Section 120
Sub-section (1) – Voluntarily Causing Hurt to Extort Confessions or Compel Restoration of Property
“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.”
- Purpose: This sub-section applies to anyone who causes hurt to another person with the **intent to:
- Extort a confession.
- Obtain information that may help detect a crime or misconduct.
- Force the restoration of property or valuables.
- Force the person to satisfy a claim or provide information that can lead to the recovery of property.
- Punishment for Causing Hurt: If someone causes hurt (but not grievous hurt) for any of these purposes, they can be punished with:
- Imprisonment for up to 7 years.
- A fine, which can be imposed in addition to the imprisonment.
Illustrations:
- (a) A, a police officer, tortures Z to make him confess to a crime. A is guilty under this section.
- (b) A, a police officer, tortures B to make him reveal where stolen property is hidden. A is guilty under this section.
- (c) A, a revenue officer, tortures Z to compel him to pay overdue taxes. A is guilty under this section.
Sub-section (2) – Voluntarily Causing Grievous Hurt to Extort Confessions or Compel Restoration of Property
“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.”
- Purpose: This sub-section applies when grievous hurt (serious physical injury) is caused for the same purposes as outlined in Sub-section (1), such as extorting a confession or compelling the restoration of property.
- Punishment for Causing Grievous Hurt: If the injury caused is grievous, the punishment becomes more severe:
- Imprisonment for up to 10 years.
- A fine, which can be imposed in addition to the imprisonment.
Key Points
- Intent and Purpose: The section specifically targets situations where violence is used to extract confessions or information, or to force the return of stolen property or the satisfaction of a claim. The intent behind the action (extortion or coercion) is crucial to the offense.
- Hurt vs. Grievous Hurt: The severity of the punishment depends on whether the person causes hurt (less serious injury) or grievous hurt (serious injury). Grievous hurt leads to longer imprisonment and can be punished with up to 10 years in prison, while causing hurt is punishable with up to 7 years.
- Punishment: Both sub-sections provide for significant penalties:
- Voluntary Hurt: Up to 7 years imprisonment and a fine.
- Grievous Hurt: Up to 10 years imprisonment and a fine.
- Common Offenders: The section includes public officials, such as police officers and revenue officers, who may use their authority to coerce confessions or force payments. The section ensures that such misconduct is also punishable under the law.
Conclusion
Section 120 addresses the use of violence to extract confessions, force the restoration of property, or compel individuals to act in an unlawful manner. It ensures that those who use coercion or torture, whether to obtain information or extort property, face strict penalties. The law distinguishes between hurt and grievous hurt, with more severe penalties for causing serious injury. This section helps prevent the misuse of authority or force for illegal purposes and protects individuals from abuse.
