Bharatiya Nyaya Sanhita, 2023
BNS Section 120
Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
In one line
BNS Section 120 deals with voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property and replaces IPC 330 (now 120(1)), IPC 331 (now 120(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 120(1) | Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 120(2) | Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 120
120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property.
(1) 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.
(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.
What changed from the IPC
- IPC 330 → BNS 120(1): IPC section is included as a sub-section in BNS.
- IPC 331 → BNS 120(2): IPC section is included as a sub-section in BNS sans heading.
- IPC 331 → BNS 120(2): Words "any purpose referred to in sub-section (1)" are added.
Frequently asked
What was BNS Section 120 in the IPC?
BNS Section 120 (Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property) replaces Sections 330, 331 of the Indian Penal Code, 1860. IPC 330 is now BNS 120(1). IPC 331 is now BNS 120(2).
What is the punishment under BNS 120(1)?
Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 120(2)?
Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 120 bailable?
Bailable: BNS 120(1). Non-bailable: BNS 120(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 115 — Voluntarily causing hurt
- BNS 116 — Grievous hurt
- BNS 117 — Voluntarily causing grievous hurt
- BNS 118 — Voluntarily causing hurt or grievous hurt by dangerous weapons or means
- BNS 119 — Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
- BNS 121 — Voluntarily causing hurt or grievous hurt to deter public servant from his duty
- BNS 122 — Voluntarily causing hurt or grievous hurt on provocation
- BNS 123 — Causing hurt by means of poison, etc., with intent to commit an offence
- BNS 124 — Voluntarily causing grievous hurt by use of acid, etc
- BNS 125 — Act endangering life or personal safety of others