Code: Section 120 BNS
(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.
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.
Explanation of Section 120 BNS
Section 120 BNS criminalizes the use of physical violence to force a person to confess a crime, provide information, or return property. This provision is particularly relevant in cases involving police brutality, coercion by authorities, and extortion by private individuals.
Key Provisions:
- Hurt for Confession – If a person causes physical harm to extract a confession or information about an offense, they will face imprisonment.
- Hurt for Property Recovery – If hurt is inflicted to force someone to return property or fulfill a financial claim, it is punishable under this section.
- Grievous Hurt Aggravation – If the injury caused is grievous (such as fractures or life-threatening harm), the penalty increases to 10 years of imprisonment.
- Applies to Authorities and Private Individuals – This section applies to both police officers and private individuals engaging in coercion.
Illustrations
Example 1: Police Torture for Confession
A police officer, A, tortures Z to make him confess to a crime he did not commit. A is guilty under Section 120(1) BNS and can be imprisoned for up to 7 years.
Example 2: Police Brutality for Property Recovery
A police officer, A, tortures B to force him to reveal where stolen goods are hidden. This is an offense under Section 120(1) BNS, punishable by up to 7 years of imprisonment.
Example 3: Torture by a Revenue Officer
A revenue officer, A, tortures Z to make him pay overdue taxes. This act is punishable under Section 120(1) BNS with a 7-year prison sentence.
Example 4: Grievous Hurt for Confession
If A inflicts grievous hurt (such as breaking bones or endangering life) on Z to force a confession, A is liable under Section 120(2) BNS, facing up to 10 years of imprisonment.
Common Questions and Answers on Section 120 BNS
1. What is the primary intent behind Section 120 BNS?
Section 120 BNS is meant to prevent the use of violence, torture, and coercion to extract confessions, retrieve stolen property, or fulfill financial claims.
2. How is this different from Section 119 BNS?
- Section 119 BNS deals with causing hurt to extort property or force an illegal act.
- Section 120 BNS covers cases where hurt is inflicted to extract confessions or compel property restoration.
3. What is the maximum punishment under Section 120?
- For hurt: Up to 7 years of imprisonment and a fine.
- For grievous hurt: Up to 10 years of imprisonment and a fine.
4. Does this section apply only to police officers?
No, Section 120 applies to any individual who uses force for confessions or property recovery, including police officers, private individuals, and revenue officers.
5. Can a person get bail if charged under Section 120 BNS?
- For normal hurt cases: Bail may be granted depending on the severity of the offense.
- For grievous hurt cases: Since the punishment extends to 10 years, bail is difficult and depends on court discretion.
Conclusion
Section 120 of the Bharatiya Nyaya Sanhita (BNS) is a critical legal provision that ensures no individual or authority can use violence to extract confessions or recover property. This law is essential to prevent custodial torture, police brutality, and unlawful coercion.
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