120. (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.
BNS Section 120: Voluntarily causing hurt or grievous hurt to extort confession or compel restoration of property
Section 120 of the Bharatiya Nyaya Sanhita, 2023 deals with voluntarily causing hurt or grievous hurt to extort confession or compel restoration of property. It replaces IPC 330, IPC 331 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 120(1) is cognizable and bailable; 120(2) is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 120(1) | Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. | Imprisonment for 7 years and fine. | Cognizable | Bailable | Magistrate of the first class |
| 120(2) | Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc. | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 120
IPC sections replaced
- IPC 330: Voluntarily causing hurt to extort confession, or to compel restoration of property → BNS 120(1)
- IPC 331: Voluntarily causing grievous hurt to extort → BNS 120(2)
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