IPC Section 330: Voluntarily causing hurt to extort confession, or to 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.

Illustrations

  1. A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guily of an offence under this section.
  2. 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.
  3. 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.
  4. A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.

IPC Section 330: Simplified Explanation 

IPC Section 330 of the Indian Penal Code deals with the offence of “voluntarily causing hurt to extort confession, or to compel restoration of property.” This section is applied when an individual intentionally inflicts physical harm on another person to extort a confession, obtain information, or force the victim to restore property. The section aims to prevent the use of torture or physical violence as a means to extract confessions or property. 

Key elements of this section include: 

  • Voluntarily Causing Hurt: The person must intentionally or knowingly inflict physical pain, disease, or infirmity on another person. 
  • Purpose of Extortion or Coercion: The hurt is caused by the intent to extort a confession or information or to compel the restoration of property or any valuable security. 

Is IPC Section 330 Bailable? 

IPC Section 330 is a non-bailable offence. Due to the serious nature of using physical harm to extort confessions or property, the accused must appear before a court to seek bail. 

IPC Section 330 Punishment 

The Punishment under IPC Section 330 for voluntarily causing hurt to extort a confession or compel the restoration of property includes: 

  • Imprisonment for a term that may extend to seven years, 
  • And also liable to a fine. 

The severity of the Punishment reflects the serious nature of using physical violence for coercion or extortion. 

Example of IPC Section 330 

A real-life example of IPC Section 330 occurred when a police officer was found guilty of torturing a suspect to extract a confession regarding a theft case. The officer inflicted severe physical pain and injuries on the suspect to force a confession. After an internal investigation, the officer was charged under IPC Section 330 for using physical violence to extort a confession. This case highlighted the legal system’s commitment to preventing the use of torture and ensuring that confessions and information are obtained through lawful and ethical means.

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