Section 330 IPC: Voluntarily Causing Hurt to Extort Confession or Compel Restoration of Property
Section 330 of the Indian Penal Code, 1860 dealt with voluntarily causing hurt for the purpose of extracting a confession or information, or compelling restoration of property, satisfaction of a claim or demand, or related information.
Section 330 IPC - statutory provision
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.
Meaning and scope of Section 330 IPC
The section addressed the deliberate infliction of hurt for one of the specific coercive purposes stated in the provision. It was not confined to police officers. The statutory illustrations themselves included a police officer, a revenue officer and a zamindar, showing that liability depended on the prohibited conduct and purpose rather than on holding a particular office.
Meaning of "hurt"
Section 319 IPC defined hurt as causing bodily pain, disease or infirmity to any person. For Section 330, the hurt had to be caused voluntarily and for a purpose specifically identified in Section 330.
Meaning of "voluntarily causing hurt"
Section 321 IPC dealt with voluntarily causing hurt. Read with Section 330, the prosecution had to establish voluntary causation of hurt together with the particular purpose of extracting a confession or information, compelling restoration of property or valuable security, satisfying a claim or demand, or obtaining information leading to restoration.
Meaning of "valuable security"
Section 30 IPC defined "valuable security" broadly as a document which creates, extends, transfers, restricts, extinguishes or releases a legal right, or by which a person acknowledges legal liability or the absence of a particular legal right. The expression in Section 330 therefore extended beyond physical property.
Essential ingredients of Section 330 IPC
- The accused must have caused hurt to a person.
- The hurt must have been caused voluntarily.
- The act must have been done for at least one of the purposes specified in Section 330.
- Those purposes included extorting a confession or information concerning detection of an offence or misconduct.
- They also included compelling restoration of property or valuable security, satisfaction of a claim or demand, or information leading to restoration.
Punishment and classification
| Provision | Section 330, Indian Penal Code, 1860 |
|---|---|
| Punishment | Imprisonment of either description for a term which may extend to seven years, and fine |
| Cognizability | Cognizable |
| Bail | Bailable |
| Court | Magistrate of the first class |
Illustrations under Section 330 IPC
The statutory illustrations clarify the type of coercive conduct covered by the section:
Section 330 IPC and Section 331 IPC
Section 330 dealt with hurt used for the specified coercive purposes. The adjoining Section 331 IPC dealt with grievous hurt caused for substantially corresponding purposes and prescribed a higher maximum punishment. The nature of the injury therefore mattered when identifying the applicable provision.
Why the purpose of causing hurt matters
Section 330 was a purpose-specific offence. Merely proving hurt did not by itself establish the offence under this section. The hurt had to be connected with one of the statutory objectives, such as extracting a confession, obtaining information about an offence or misconduct, compelling restoration of property, enforcing a claim or demand, or obtaining information that could lead to restoration.
Frequently asked questions
What did Section 330 IPC punish?
It punished voluntarily causing hurt for the coercive purposes specifically stated in the section, including extracting a confession or information and compelling restoration of property or valuable security or satisfaction of a claim or demand.
What was the maximum punishment under Section 330 IPC?
The maximum term was seven years' imprisonment, and the offender was also liable to fine.
Was Section 330 IPC limited to custodial violence by police?
No. Police torture to extract a confession or information was expressly illustrated, but the provision was not restricted to police personnel. Its illustrations also referred to coercion by a revenue officer and by a zamindar.
Was the offence under Section 330 IPC bailable?
Yes. Under the First Schedule to the Code of Criminal Procedure, 1973, Section 330 IPC was classified as cognizable and bailable and was triable by a Magistrate of the first class.
Note: This article is an informational explanation of the pre-BNS IPC provision. The applicable law in an individual matter can depend on the date of the alleged offence, procedural history and other facts.