Report No. 273
Torture and Punishment
3. What amounts to torture
Whoever, being a public servant or being abetted by such servant or with the consent or acquiescence of the public servant,-
(a) intentionally inflicts on a person, or
(b) voluntarily causes to inflict on a person,-.
(i) grievous hurt ; or
(ii) danger to life, limb or health ; or
(iii)severe or prolonged pain or suffering, whether physical or mental, caused to such person by cruel, inhuman and degrading treatment; or
(iv) death, for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidates or coerces him or a third person, commits the offence of torture:
Provided that nothing contained in this section shall apply to any pain or suffering arising from or caused by, inherent in or incidental to any act committed in accordance with the procedure established by law:
Provided further that where torture in custody of a public servant is proved, the burden of proving that the torture was not intentionally caused or, abetted by or was not with the consent or acquiescence of such public servant, shall shift to the public servant.
Explanation I.- For the purposes of this section, "public servant" shall, without prejudice to 45 of 1860. section 21 of the Indian Penal Code, 1860 also include any person acting in his official capacity under the Central Government or the State Government.
Explanation II.- It is hereby clarified that the expression 'torture' shall include any intentional act resulting in concealment or covering up of the offence committed under this section.
Explanation III.- A mere mental agony or tension arising due to coercion shall not constitute the offence of torture.