Indian Penal Code, 1860
Section 330
repealedVoluntarily causing hurt to extort confession or to compel restoration of property
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.
Why this exists
This section specifically addresses hurt used as a tool of coercive interrogation or forced restitution, historically most notoriously associated with custodial torture by police or others in authority trying to extract confessions or recover stolen goods through violence rather than lawful investigation. It reflects the law's rejection of using physical violence as an investigative or debt-recovery tool, regardless of who commits it. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 120(1).
How courts read it
Courts, including the Supreme Court, have repeatedly condemned the use of custodial violence to extract confessions, recognizing this section (along with related provisions) as a key legal tool against police brutality during interrogation, while also applying it to private individuals who use violence to recover debts or stolen property outside lawful process.
Common misconceptions
- Myth: This section only applies to violence committed by police officers.
Fact: It applies to anyone, police or private individuals, who causes hurt to extract a confession, information, or to compel restoration of property.