Report No. 273
Implementation of 'United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment' through Legislation
| Contents |
| Chapter I |
Introduction |
| A. |
Background |
| B. |
Reference to the Commission |
| (i) |
Observation of certain organisations |
| (ii) |
Government's stand |
| Chapter II |
International Scenario |
| A. |
Human Rights Instruments |
| B. |
Convention against Torture (CAT) |
| (i) |
Obligation of States |
| (ii) |
Jurisdiction |
| (iii) |
A State Party's Undertakings |
| (iv) |
Documenting Torture and Cruel Treatment |
| (v) |
Enforcement |
| C. |
International Humanitarian Law |
| D. |
International Criminal Law |
| E. |
Implementation of CAT in various Countries |
| (i) |
United Kingdom |
| (ii) |
United States of America |
| (iii) |
Russian Federation |
| (iv) |
China |
| (v) |
France |
| F. |
Pronouncements by various international adjudicatory forums |
| (i) |
Defining Cruel Treatment and Torture |
| (ii) |
Psychological Suffering |
| (iii) |
Corporal Punishment |
| (iv) |
Treatment of Prisoners and Detainees |
| Chapter III |
Examination of issues relating to Torture by various Commissions |
| A. |
National Commission to Review the working of the Constitution |
| B. |
Reports of the Law Commission of India |
| (i) |
Injuries In Police Custody |
| (ii) |
Custodial Crimes |
| (iii) |
177th Report of the Law Commission (2001) titled "Law Relating to Arrest" |
| (iv) |
Review of the Indian Evidence Act, 1872 |
| (v) |
Amendments to Code of Criminal Procedure 1973 |
| C. |
Fourth Report of National Police Commission (1980) |
| Chapter IV |
Constitutional / Statutory Provisions |
| A. |
Constitutional Provisions |
| B. |
Statutory Provisions |
| (i) |
Indian Evidence Act, 1872 |
| (ii) |
Code of Criminal Procedure, 1973 |
| (iii) |
Indian Police Act, 1860 |
| (iv) |
Indian Penal Code, 1860 |
| (v) |
Armed Forces Special Powers Act, 1983 |
| Chapter V |
Judicial Response to Custodial Deaths & Violence |
| A. |
Custody means |
| B. |
Judicial Response (1) |
|
Judicial Response (2) |
| Chapter VI |
Compensation for Custodial Torture / Death (1) |
|
Compensation for Custodial Torture / Death (2) |
| Chapter VII |
Recommendations |
| (i) |
Ratification of Convention against Torture |
| (ii) |
Amendment to Existing Statutes |
| (iii) |
Punishment for acts of torture |
| (iv) |
Compensation to Victims |
| (v) |
Protection of Victims, Complainants and Witnesses |
| (vi) |
Sovereign Immunity |
| Annexure |
The Prevention of Torture Bill, 2017 |
| Chapter I |
Preliminary |
| 1. |
Short title and commencement |
| 2. |
Definitions |
| Chapter II |
Torture and Punishment |
| 3. |
What amounts to torture |
| 4. |
Punishment for torture |
| Chapter III |
Miscellaneous |
| 5. |
Cognizance of offences and trial |
| 6. |
Cognizance of Offences |
| 7. |
Previous sanction necessary for prosecution |
| 8. |
Presumptions |
| 9. |
Protection of victims, complainants and witnesses |
| 10. |
Provisions relating to bail |
| 11. |
Act not in derogation of any other law |
| 12. |
Power to make rules |
| Chapter IV |
Amendments to The Code Of Criminal Procedure, 1973 2 of 1974. |
| 13. |
Substitution of new section for section 357B |
| Chapter IV |
Amendments to The Indian Evidence Act, 1872 |
| 14. |
Insertion of new section 114B |
|
Implementation of 'United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment' through Legislation |
