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Report No. 273

4. Punishment for torture

(1) Where the public servant referred to in section 3 or any person abetted by or with the consent or acquiescence of such public servant, tortures or attempts to torture any person, for the purpose of extorting from him or from any other person interested in him, any confession or any information which may lead to the detection of an offence, such public servant or person shall be punishable with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

(2) Where death of any person is caused due to torture, the person committing the offence shall be punishable with death or imprisonment for life and shall also be liable to fine.

(3) The fine imposed under this section shall be just and reasonable to meet the medical expenses and rehabilitation of the victim.

(4) Any fine imposed under this section shall be paid to the victim.

(5) In addition to the fine imposed under subsection (3), the Central Government or the State Government, as the case may be, shall pay such adequate compensation including interim compensation for the rehabilitation of the victim, as may be determined by the court, and in case of erring public servant the compensation so paid shall be recoverable from such public servant, after holding an enquiry.

Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back

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