A, a police officer tortures B to induce him to point out where certain stolen property is deposited. Subsequently, A was prosecuted under Section 330, I.P.C. A takes the defence during the trial that he cannot be convicted under Section 330, as his torture was not for extorting confession and Section 330, I.P.C…

Question: A, a police officer tortures B to induce him to point out where certain stolen property is deposited. Subsequently, A was prosecuted under Section 330, I.P.C. A takes the defence during the trial that he cannot be convicted under Section 330, as his torture was not for extorting confession and Section 330, I.P.C. can be invoked only in case of extorting confession and not in case of extorting ‘admission’ or ‘information’ which does not amount to a confession. Would A succeed in his defence? Give reasons. [WBCJ. 1997]

Find the answer to the mains question only on Legal Bites. [A, a police officer tortures B to induce him to point out where certain stolen property is deposited. Subsequently, A was prosecuted under Section 330, I.P.C. A takes the defence during the trial that he cannot be convicted under Section 330, as his torture was not for extorting confession and Section 330, I.P.C…]

Answer

Section 330 deals with punishment for voluntarily causing hurt to extort confession, or to compel restoration of property.

Whoever voluntarily causes hurt for the purposes of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer

or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security,

shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustration (b) to the section: A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

Section 331 provides punishment for Voluntarily causing grievous hurt to extort confession or to compel restoration of property.

Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct,

or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security,

shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

The essential ingredients of these sections are:

1. the offender should voluntarily cause hurt or grievous hurt;
2. it should be done for the purpose of:
3. • to extort confession or information,
   • to restore or cause restoration of any property or valuable security,
   • to satisfy any claim or demand, or
   • to obtain information, which may lead to the restoration of any property or valuable security;
4. if it is for the purpose of extorting confession or information, such confession or information should lead to the detection of an offence or misconduct.

The purpose must be to extort confession or information from the sufferer or anyone interested in him which may lead to the detection of an offence or misconduct or to constrain the sufferer or any person interested in him to restore or cause the restoration of any property or valuable security or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security.

In the present case, facts show that A, a police officer, tortures B to induce him to point out where certain stolen property is deposited.

The inducement caused by A on B so that he point out where certain stolen property is deposited amounts to extorting confession which includes any act of extorting admission or information from the offender as such confession or information would lead to the detection of an offence or misconduct.

So, A will not succeed in his defence and shall be held liable for punishment under Section 300.

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