IPC Section 330 - Voluntarily 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.
Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused voluntarily caused hurt.
- The purpose was to extort confession or information, or
- The purpose was to compel property restoration.
- The hurt was intentional and not accidental.
- All elements of hurt were present.
Potential Defenses:
- No hurt was voluntarily caused.
- No extortion or compulsion was intended.
- The accused was acting under legal authority.
- The accused was acting in self-defense.
Practical Examples
What Constitutes the Offense:
A person beating someone to force a confession, or causing harm to compel return of stolen property.
What Doesn't Constitute:
A person using legal means to recover property, or conducting proper investigations.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized the punishment for causing hurt to extort confessions or compel property restoration.
Punishment
Up to 7 years and Fine
Related Information
Connected Sections:
This section provides enhanced punishment for causing hurt to extort confessions. It follows Section 327.
Procedural Aspects:
Prosecution requires proof of extortion or compulsion motive and hurt. The case is triable by a Court of Session.