BNS Section 120- Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 120 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

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. Illustrations. 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. 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. 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.

Procedural Details

Punishment

Imprisonment up to Seven Year(s) + Fine

Nature of Offense

Cognizable

Bail Eligibility

Non-bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Court of Session

Frequently Asked Questions about BNS Section 120

According to the official bare act, this legal offense is defined as: 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. Illustrations. 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. 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. 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.
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Seven Year(s) + Fine
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Cases pertaining to this specific BNS section are triable by the Court of Session.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

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