A Police Officer tortures an accused in order to induce him to confess that he committed a crime. What offence is committed by the Police Officer?

Facts of the Case

• A Police Officer has custody/control over an accused person during investigation.
• The accused is subjected to physical or mental torture by the Police Officer.
• The purpose of the torture is to forcefully extract a confession regarding the alleged crime.
• Such confession obtained by inducement, threat, or coercion is prohibited under law.

Issues in the Case

1. Whether a Police Officer can use force or torture to extract a confession?
2. Whether torturing an accused amounts to an offence under the IPC?
3. Which specific IPC sections apply for torture or coercion by a Police Officer?
4. Whether the confession becomes inadmissible under the Indian Evidence Act?

Legal Principles Covered

A. Section 330 IPC – Voluntarily causing hurt to extort confession

• Applies when a person (including Police Officer) causes hurt to someone to extract a confession or information.
• Punishment: Up to 7 years imprisonment + fine.

B. Section 331 IPC – Voluntarily causing grievous hurt to extort confession

• If the Police Officer causes grievous hurt, a more serious offence is committed.
• Punishment: Up to 10 years imprisonment + fine.

C. Section 348 IPC – Wrongful confinement to extort confession

• If the accused is wrongfully confined to force a confession.
• Punishment: Up to 3 years imprisonment + fine.

D. Section 24, 25 & 26 – Indian Evidence Act

• Confession obtained by inducement, threat or promise is inadmissible.
• Confession made to a Police Officer is inadmissible except under special laws.

E. Violation of Article 21 of the Constitution

• Torture violates Right to Life & Personal Liberty.
• Courts have repeatedly condemned custodial torture (DK Basu v. State of West Bengal).

Possible Judgement

Probable Findings of the Court

• The Police Officer intentionally caused hurt to the accused to extract a confession.
• This fulfills the ingredients of Section 330 IPC.
• If injuries are serious, the offence escalates to Section 331 IPC.
• If illegal confinement is proven, Section 348 IPC also applies.
• Court will hold that confession is inadmissible under the Indian Evidence Act.

Likely Judicial Outcome

• The Police Officer is guilty under Section 330 IPC (or Section 331 IPC depending on injuries).
• Punishment: Up to 7–10 years imprisonment + fine.
• Court may order departmental action, suspension, or dismissal.
• The accused’s confession is legally invalid and cannot be used in court.

About lawgnan

Custodial violence is a serious violation of legal and constitutional rights. If you or someone you know has experienced forced confession, torture, unlawful confinement, or police brutality, it is essential to seek immediate legal help. At Lawgana.in, we connect you with experienced criminal lawyers who can assist in filing complaints, seeking compensation, protecting rights, and ensuring justice. Our experts guide you through procedures involving the IPC, Evidence Act, constitutional remedies, and human rights protections. Visit Lawgana.in today for reliable, confidential, and fast legal support to safeguard your rights and hold authorities accountable.