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:
This section distinguishes between causing hurt (bodily pain or injury) and grievous hurt (severe injury), both 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, or provide information that leads to the restoration of stolen property or valuable security.
Offence : Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
Offence : Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
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