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

Bharatiya Nyaya Sanhita, 2023

Section 120 BNS at a Glance

Section 120 BNS deals with voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property. It is cognizable; it replaced Sections 330 and 331 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 330 →

Section 120 BNS Bare Act Text

(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.

Source: Section 120, Bharatiya Nyaya Sanhita, 2023

Section 120 BNS in the IPC (Previous Law)

Section 120 BNS replaced Sections 330 and 331 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 120 BNS

Does Section 120(1) BNS apply only to police officers?▼

No. It can apply to any person who voluntarily causes hurt for the purpose of extracting a confession or information. That said, in real cases, it is often invoked against officers or custodial authorities because the misuse of power is easier to allege there.

Under Section 120(1) BNS, is a confession obtained by force valid in court?▼

A confession obtained through hurt or coercion is highly suspect and may not be relied upon safely. Courts look very closely at how the statement was recorded and whether it was voluntary.

What is the difference between Section 120(1) BNS and simple hurt?▼

Simple hurt is about causing bodily pain, disease, or infirmity. Section 120(1) BNS is stricter because the hurt is caused with a specific illegal purpose, namely to force a confession or information.

Under Section 120(1) BNS, can a case be filed along with other offences?▼

Yes. Depending on the facts, charges may also be added for wrongful confinement, criminal intimidation, assault, or offences by public servants. The police and court will examine the full conduct, not just the hurt alone.

Does Section 120(2) BNS require a confession to actually be obtained?▼

No. The offence is made out once grievous hurt is voluntarily caused with the intention of extorting a confession or information. The law punishes the act and the purpose behind it, even if the victim does not speak.

What kind of injury counts as grievous hurt under Section 120(2) BNS?▼

The injury must fall within the legal meaning of grievous hurt under the BNS. Minor injuries are not enough. The prosecution must show that the harm was serious enough to meet that legal threshold.

Can police or other officials be booked under Section 120(2) BNS?▼

Yes, if the facts show unlawful violence used to force a statement or information. The section is designed to prevent coercive questioning and abuse. The status of the accused does not excuse the conduct.

Is Section 120(2) BNS still in force today?▼

Yes. Section 120(2) BNS is currently in force under the Bharatiya Nyaya Sanhita (BNS), 2023. Older cases and conduct that occurred before the new law came into force are examined under the legal position applicable at that time.

Section 120 BNS: Sub-sections Explained

Section 120(1) BNS: Voluntarily causing hurt to extort confession, or to compel restoration of property

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Bare Act Text

(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.

Explained in Simple Words

Section 120 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with causing hurt to force a person to make a confession or give information that may help in an investigation or case. It applies when the hurt is not accidental and is used as a pressure tactic. The law targets coercion by police, jail staff, or any other person acting with that purpose. This section matters because the law does not allow confessions or statements to be extracted by violence.

Any statement obtained through such pressure can become unreliable, and the person using force may face criminal liability. In practice, this provision is often discussed in complaints against custodial abuse, unlawful interrogation methods, and abuse of authority. If the facts show deliberate injury to obtain a confession or information, the offender can be prosecuted under this section, apart from any other offences that may also apply.

Key Ingredients

  • Voluntarily causing hurt to any person
  • For the purpose of extorting from the sufferer or an interested person any confession or information leading to the detection of an offence or misconduct
  • Or for the purpose of constraining the restoration of property or valuable security, the satisfaction of any claim or demand, or the giving of information leading to restoration

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

💰 The offender is also liable to fine in addition to imprisonment.

Voluntarily causing hurt to extort a confession or to compel restoration of property carries imprisonment of either description for up to seven years, and liability to fine. The offence is cognizable, bailable, triable by a Magistrate of the first class, and not compoundable.

Real-World Example

At a police outpost in Jaipur, Sub-Inspector Suresh detained Imran on suspicion of vehicle theft. To compel a confession, Suresh struck Imran across the legs with a cane, causing bodily pain and contusions. Suresh also demanded that Imran state where the stolen motorcycle was concealed to recover the property. Suresh voluntarily caused hurt to Imran for the purpose of extorting a confession and information leading to the detection of an offence and restoration of property. Suresh is punishable under Section 120(1) BNS.

When This Does Not Apply

  • The accused did not voluntarily cause hurt to any person
  • The hurt was not caused for the purpose of extorting a confession or information leading to the detection of an offence or misconduct
  • The hurt was not caused for the purpose of constraining the restoration of property or valuable security, satisfying any claim or demand, or giving information leading to restoration

Previous Law

IPC 330 → Section 120(1) BNS

Section 330 IPC is succeeded by Section 120(1) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt to extort confession are consolidated into Section 120(1) BNS, with hurt assigned to sub-section 1. The substantive offence, the list of extortion and restoration purposes, and the punishment of imprisonment of either description up to seven years and liability to fine remain unchanged. However, Section 120(1) BNS omits the fourth illustration concerning the zamindar and raiyat, while retaining the first three illustrations.

Section 120(2) BNS: Voluntarily causing grievous hurt to extort confession, or to compel restoration of property

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Bare Act Text

(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.

Explained in Simple Words

Section 120(2) of the Bharatiya Nyaya Sanhita (BNS) deals with a serious abuse of power. It applies when a person voluntarily causes grievous hurt to another person with the aim of forcing a confession or making that person reveal information about an offence or misconduct, or compelling the restoration of property. The law is meant to stop violence being used as a tool for extracting statements.

This section can apply to anyone who uses severe physical harm for that purpose, including private persons and, in practice, officials acting outside lawful procedure. The key point is the intention behind the hurt. The injury must be grievous, and it must be caused to obtain a confession, information, or restoration of property.

In practical terms, this section protects people from coercion and torture-like conduct during questioning or pressure to disclose facts.

Key Ingredients

  • Voluntarily causing grievous hurt to any person
  • For any purpose referred to in Section 120(1) BNS, namely extorting a confession or information, or constraining the restoration of property or satisfaction of a demand

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

💰 The offender is also liable to fine in addition to imprisonment.

Voluntarily causing grievous hurt to extort a confession or to compel restoration of property carries imprisonment of either description for up to ten years, and liability to fine. The offence is cognizable, non-bailable, triable by the Court of Session, and not compoundable.

Real-World Example

Inside a private storage room in Kanpur, Ramesh and two associates detained his nephew Vikas on suspicion of possessing a stolen gold necklace. To force an admission and discover where the item was hidden, Ramesh beat Vikas with an iron rod, fracturing his forearm and causing injuries that met the definition of grievous hurt under Section 116 BNS. Ramesh voluntarily caused grievous hurt to Vikas for the purpose of extorting a confession and information leading to the restoration of property. Ramesh is punishable under Section 120(2) BNS.

When This Does Not Apply

  • The accused did not voluntarily cause grievous hurt to any person
  • The grievous hurt was not caused for the purpose of extorting a confession or information leading to the detection of an offence or misconduct
  • The grievous hurt was not caused for the purpose of constraining the restoration of property or valuable security, satisfying any claim or demand, or giving information leading to restoration

Previous Law

IPC 331 → Section 120(2) BNS

Section 331 IPC is succeeded by Section 120(2) BNS. Section 120(2) BNS consolidates offences of causing hurt to extort confessions, assigning grievous hurt to sub-section 2. Rather than repeating the full list of extortion and restoration purposes, Section 120(2) BNS incorporates them by referring to any purpose referred to in sub-section 1. The substantive elements and the punishment of imprisonment of either description up to ten years and liability to fine remain unchanged.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·