BNS Section 120 – Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property

Amit Kapoor05 mins

IPC Section – 330 – 331

Cognizable offence
(1) punishable with imprisonment for seven years and
fine for voluntarily causing hurt.
(2) punishable with imprisonment for ten years and
fine for voluntarily causing grievous hurt.

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.

(2) Whoever voluntarily causes grievous hurt for any purpose referred to in subsection (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.

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.

Key Points: Voluntarily Causing Hurt or Grievous Hurt to Extort Confession or Compel Restoration of Property

Voluntarily Causing Hurt or Grievous Hurt

This section distinguishes between:

  • Hurt (bodily pain or injury)
  • Grievous Hurt (severe injury)

Both are inflicted with the intention of compelling certain actions from the victim, such as a confession or the restoration of property.

Extorting Confession or Information

The offense includes voluntarily causing hurt to extract:

  • A confession or information from the victim, which could be used to detect an offense or misconduct.
    • For example, a person may injure someone to force them to confess to a crime.

Compelling Restoration of Property or Security

The section also covers situations where hurt is caused to force the victim or someone related to them to:

  • Return property
  • Satisfy a claim or demand
  • Provide information that leads to the restoration of stolen property or valuable security.

Details of the Offense

  • Offense: Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc.
    Punishment: Imprisonment for 7 years and a fine
    Cognizable or Non-cognizable: Cognizable
    Bailable or Non-bailable: Bailable
    By what Court triable: Magistrate of the first class
  • Offense: Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc.
    Punishment: Imprisonment for 10 years and a fine
    Cognizable or Non-cognizable: Cognizable
    Bailable or Non-bailable: Non-bailable
    By what Court triable: Court of Session

This provision, under the Bharatiya Nyaya Sanhita, ensures that those who cause harm to extort confessions, information, or compel the restoration of property are held accountable with severe penalties, especially when grievous hurt is involved.

Related News