Report No. 152
3.8. Sections 330 and 331.-
Chapter 16 of the Indian Penal Code (offences affecting the human body) is the second longest Chapter of the Code. It provides punishment for almost every kind of restraint, interference with or harm to body, ranging from the lowest degree of physical attack (assault) to the highest category of physical harm, namely, the extinction of human life.
However, for the present purpose, it is sufficient to confine the discussion to certain specific sections which are of direct relevance to custodial crimes. Under section 330, a person who voluntarily causes hurt to extort "any confession or any information which may lead to the detection of an offence or misconduct" or for compelling restoration of any property etc. becomes punishable with imprisonment upto 7 years and with fine. Illustrations (a) and (b) are of particular relevance and read as under:-
"(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."
Section 331 punishes a person who causes grievous hurt to extort confession or to compel restoration of property. The offence is punishable with imprisonment upto 10 years and with fine.