The Bharatiya Nyaya Sanhita (BNS) 2023 is a landmark reform in India’s criminal law. It replaces the Indian Penal Code (IPC), 1860 and introduces several significant changes. One of its crucial provisions is Section 120 BNS 2023, which deals with causing hurt or grievous hurt to extract confessions or compel property restoration.
Justice should be fair, transparent, and humane. No one should suffer physical harm or coercion to admit something they may not have done. Section 120 is here to protect human rights and ensure ethical justice.
This article simplifies Section 120, provides real-world case laws, and discusses its importance in ensuring justice.
What Does Section 120 BNS 2023 State?
Section 120 of BNS, 2023, criminalizes causing hurt or grievous hurt for the following purposes:
- Extracting a confession or information related to an offense.
- Compelling someone to restore property or settle a claim.
If a person voluntarily causes hurt for such reasons, they can face up to seven years of imprisonment and a fine. If the injury is grievous, the punishment increases to ten years and a fine.
This law acts as a strong deterrent against police brutality, forced confessions, and unlawful pressure in legal matters.
Key Elements of Section 120 BNS 2023
- Intentional Hurt – The offender must intentionally cause harm.
- Specific Purpose – The act must be for obtaining confessions, information, or property recovery.
- Severity of Harm – The severity of punishment depends on whether the injury is simple or grievous.
This law applies to everyone, including police officers, revenue officials, and private individuals.
Case Laws Related to Section 120
1. D.K. Basu v. State of West Bengal (1997)
- The Supreme Court held that custodial violence and forced confessions violate Article 21 (Right to Life and Personal Liberty).
- It established guidelines to prevent police torture.
2. Sheela Barse v. State of Maharashtra (1983)
- Addressed police brutality against women in custody.
- Ensured the protection of prisoners’ rights.
3. Kishore Singh v. State of Rajasthan (1981)
- The court condemned police torture for forced confessions.
- It reinforced the need for strict human rights protection.
These cases emphasize the importance of preventing coerced confessions and custodial torture.
Why Section 120 BNS 2023 Matters for Every Citizen
- Prevents Custodial Torture – Protects individuals from unlawful violence by police or officials.
- Ensures Human Rights – Makes sure that statements and confessions are obtained legally.
- Strengthens Justice – Encourages ethical and fair investigation methods.
Imagine being accused of a crime you didn’t commit. The police pressure you into confessing under duress. Without this law, such forced admissions could lead to wrongful convictions. Section 120 ensures that coercion is not a tool for justice.
Short Note on Section 120 BNS 2023
- Focus: Punishes the act of causing hurt to extract confessions or recover property.
- Punishment: 7 years (hurt), 10 years (grievous hurt) + fine.
- Applicability: Covers individuals, police officers, and officials.
- Legal Precedents: Aligned with past Supreme Court judgments.
Real-Life Implications
Imagine a police officer using force to make a suspect confess. Under Section 120, the officer can be arrested and prosecuted. Similarly, if a moneylender assaults a debtor to recover money, they can also be charged under this law.
This section ensures that justice remains free from physical intimidation and violence. Every person deserves dignity and fairness, no matter their situation.
Challenges in Implementation
- Police Reforms – Officers need training on ethical investigation techniques.
- Public Awareness – Citizens must be informed about their rights under this section.
- Judicial Efficiency – Cases of custodial violence must be handled swiftly and fairly.
Despite challenges, strict enforcement and legal awareness can make this law effective. The change begins with awareness. Know your rights, spread the word!
Disclaimer
This article is for educational purposes only. It does not constitute legal advice. If you need legal assistance, consult a qualified lawyer.
Conclusion
Section 120 of the Bharatiya Nyaya Sanhita, 2023, is a major step toward eliminating forced confessions and unlawful coercion. It strengthens India’s commitment to human rights and ensures justice is fair and ethical.
If you or someone you know faces coercion or violence, legal remedies exist. Spreading awareness and ensuring strict enforcement will lead to a better, fairer justice system.
Justice should be about truth, not intimidation. Let’s work together to create a just and humane legal system.
For further reading, refer to official government sources and legal textbooks.
