सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 120

Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of

Why this exists

This provision descends from Section 330 and 331 of the old Indian Penal Code, 1860, which were enacted during colonial rule partly in response to widespread concerns about police and revenue officials using torture to extract confessions or recover money. It reflects a basic principle of criminal justice: that no one — especially those in power like police or tax officials — may use violence to force cooperation, confession, or repayment. It reinforces protections against custodial torture and coerced self-incrimination.

How courts read it

Indian courts have historically read the predecessor provisions (IPC Sections 330 and 331) strictly against police and public officials who use violence during interrogation or investigation. Custodial torture cases, including landmark rulings like D.K. Basu v. State of West Bengal (1997), though decided under different provisions, reflect the same judicial concern this section addresses — that confessions or information extracted through violence are both illegal and unreliable. Courts have generally emphasized that motive (extracting confession, information, or property) is essential to establish the offence, distinguishing it from ordinary hurt offences.

Common misconceptions
  • Myth: Police can use force during questioning if they believe the suspect is guilty.
    Fact: The law makes no exception for police or officials — deliberately causing hurt to extract a confession or information is a punishable offence regardless of the suspect's actual guilt.
  • Myth: This section only applies to police officers.
    Fact: It applies to anyone — police, revenue officers, or private individuals — who causes hurt for these prohibited purposes, as shown by the illustration involving a revenue officer.