Prevention of Torture Bill, 2010 - Investigating agencies beware - If an alleged offender even loses his tooth you may spend ten years in jail
THE Cabinet yesterday approved a proposal to introduce the Prevention of Torture Bill, 2010 in the Parliament. This is a step towards ratification of the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment adopted by the United Nations General Assembly on 9th December, 1975 [resolution 3452(XXX)]. India had signed the Convention in October, 1997.
The bill defines ‘torture' as Whoever, being a public servant or being abetted by a public servant or with the consent or acquiescence of a public servant, intentionally does any act which causes:-
(i) grievous hurt to any person; or
(ii) danger to life or health (whether mental or physical) of any person,
is said to inflict torture.
Punishment for obtaining Statements by force:
Where the public servant tortures any person- for the purpose of extorting from him or form any other person interested in him, any confession or any information which may lead to the detection of an offense or misconduct;
shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
And the most important aspect that has to be noted by the public servants is what constitutes “grievous hurt” and how do you define it. It is not how the officer who subjects an alleged offender to torture or we as a common man understand it. “Grievous Hurt” should be understood as defined in Section 320 of the Indian Penal Code, 1860.
As per this provision, the following kinds of hurt only are designated as "grievous"
First. - Emasculation.
Secondly. - Permanent privation of the sight of either eye.
Thirdly- Permanent privation of the hearing of either ear.
Fourthly. - Privation of any member or joint.
Fifthly. -Destruction or permanent impairing of the powers of any member or joint.
Sixthly. - Permanent disfiguration of the head or face.
Seventhly. - Fracture or dislocation of a bone or tooth.
Eighthly. - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
So even a small fracture or dislocation of a bone or tooth would amount to grievous hurt. Also any hurt which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits is a grievous hurt.
Therefore, think before you beat an alleged smuggler or any offender – he may end up in a hospital bed for twenty days complaining severe bodily pain. Forget even slapping him – he may lose his tooth; instead of him, you may land up in jail!