Report No. 273

(v) Armed Forces Special Powers Act, 1983

4.30 Section 6 of the Act creates the concept of sovereign immunity as it protects the security forces against alleged crimes.

4.31 The existing provisions under various statutes referred to hereinabove, convince the Commission to recommend that there is a necessity to amend section 357B to include a provision regarding payment of compensation in case of torture as well, in addition to payment of fine as provided under section 326A or section 376D of the Indian Penal Code, 1860. Similarly, the Commission is of the opinion that it shall be the responsibility of the State to explain the injuries sustained by a person while in custody, and therefore, recommends amendment to the Indian Evidence Act, 1872, by inserting section 114B on the lines of the Bill, viz., The Indian Evidence (Amendment) Bill, 2016, (Bill No.LXVII of 2016), as introduced in Rajya Sabha on 10 March 2017.