Section 120 BNS: Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property

Section 120 BNS | BNS 120

120(1) BNS

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.

Illustrations

(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.

(b) 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.

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.

120(2) BNS

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.

READ OTHER SECTIONS OF CHAPTER VI — OF OFFENCES AFFECTING THE HUMAN BODY

FAQs of BNS Section 120

  1. 120 BNS punishment and fine

    Punishment and fine under Section 120 of the BNS—
    120(1): Imprisonment for 7 years and fine.
    120(2): Imprisonment for 10 years and fine.

  2. 120 BNS cognizable or not

    The offence under Section 120(1) and 120(2) of the BNS is cognizable.

  3. 120 BNS bailable or not

    The offence under Section 120(1) of the BNS is bailable and the offence under Section 120(2) is non-bailable.

  4. 120 BNS trial court

    Offence specified in Section 120(1) of the BNS is triable by the Magistrate of the first class while the offence specified in Section 120(2) is triable by the Court of Session.

Important Points

  • Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.
  • Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.
  • Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • In the above FAQ, “trial court” means the court that has jurisdiction to try the offence.
  • In the above FAQ, the expression “Magistrate of the first class” and “Any Magistrate” does not include Executive Magistrates.

Read other Sections of the BNS

Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs

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