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Report No. 273

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

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

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