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BNS Section 120 : Voluntarily Causing Hurt or Grievous Hurt to Extort Confession, or to Compel Restoration of Property
Section 120 of BNS is part of Chapter 6 - Offences affecting the human body of offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of voluntarily causing hurt or grievous hurt to extort a confession or to compel the restoration of property.
Definition of BNS Section 120
Section 120 of the BNS 2023 States:
Whoever voluntarily causes 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 seven years, and shall also be liable to fine.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation and Illustration of BNS Section 120
This provision criminalizes the use of physical harm or threats to extract confessions, obtain information related to crimes, or force individuals to give up property, valuables, or satisfy any demands. It aims to prevent the abuse of force for coercion in situations such as interrogations or debt recovery, where violence is used to manipulate or pressure a victim into complying with the perpetrator’s demands.
Punishments:
- For causing hurt: The punishment can be imprisonment for up to 7 years and a fine.
- For causing grievous hurt: If the harm caused is grievous, the punishment increases, with imprisonment ranging up to 10 years and a fine.
Illustrations:
- (a) A police officer, A, tortures Z to force him into confessing that he committed a crime. A is guilty of an offense under this section
- (b) A police officer, A, tortures B to make him reveal the location of stolen property. A is guilty of an offense under this section
- (c) A revenue officer, A, tortures Z to compel him to pay outstanding arrears of revenue. A is guilty of an offense under this section.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points in Section 120
It specifically targets the malicious intent to use harm as a tool for personal or criminal gain, whether for extracting confessions or pressuring someone to return stolen or disputed property. By establishing severe penalties for such acts, Section 120 aims to uphold justice, prevent abuse, and protect individuals from unlawful manipulation through violence.
- Voluntary Causing Hurt or Grievous Hurt: This provision differentiates between causing hurt (physical pain or injury) and grievous hurt (serious injury), both committed with the intention of coercing the victim into performing certain actions, such as confessing or returning property.
- Extortion of Confession or Information: The offense involves intentionally inflicting harm to extract a confession or information from the victim, which could aid in the detection of a crime or misconduct. For example, a person may cause injury to force someone into confessing to an offense.
- Compelling the Restoration of Property or Security: This section also applies to situations where harm is inflicted to compel the victim or their associates to return property, fulfill a claim or demand, or provide information that results in the recovery of stolen property or valuable assets.
Differences Between Section 120 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 120 of BNS and its equivalent IPC section 330 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 120 (1) | Voluntarily causing hurt or grievous hurt to extort confession or to compel restoration of property and | 330 | IPC section is included as a sub-section in BNS. |
| 120 (2) | Voluntarily causing grievous hurt to extort confession, or to compel restoration of property. | 331 | IPC section is included as a sub-section in BNS sans heading. Words “any purpose referred to in sub-section (1)” are added. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 120 of the Bharatiya Nyaya Sanhita (BNS)
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