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Report No. 152

10.4. Cases of torture.-

Coming more specifically to the question of torture, reference may be made to a Madras case where the charge was under section 330 of the Indian Penal Code.1 In that case, a Magistrate who had power to arrest and keep under custody persons suspected of certain offences, held in confinement a person whom he had arrested and tortured that person to force him to confess his guilt. It was held that in committing such torture, he was not purporting to act in the discharge of his official duties and no sanction under section 197, Cr. P.C. was needed.

We may note here that in the replies received on our questionnaires most of the Advocates and Judges and majority of even police officers have expressed the view that sanction in such cases is either not needed or should not be required. (Issue No. 8).

1. Ganapathy Gounder v. Emperor, AIR 1932 Mad 214 (215): 33 Cr 14 557.

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