Section 330 IPC: Voluntarily Causing Hurt to Extort Confession or Compel Restoration of Property
Section 330 of the Indian Penal Code, 1860, punishes the intentional infliction of hurt to extract confessions or information, to force repayment or restoration of property, or to satisfy a claim or demand. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023, is Section 120(1).
Section 330 IPC: Statutory provision
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.
Four statutory illustrations under Section 330 IPC
- Police officer obtaining a confession: 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.
- Police officer seeking stolen property: 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.
- Revenue officer enforcing arrears: 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.
- Landlord enforcing rent: A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.
These are the statutory illustrations retained from the IPC. They show that the provision is not limited to police interrogation; coercive recovery of money or property may also fall within it.
Section 120(1) BNS: Current corresponding law
Section 120(1) of the Bharatiya Nyaya Sanhita, 2023 addresses voluntarily causing hurt for the purpose of extorting a confession or information leading to detection of an offence or misconduct, or compelling restoration of property or valuable security, satisfaction of a claim or demand, or information leading to recovery. It provides imprisonment of either description for a term that may extend to seven years, and liability to fine.
Section 120(2) BNS deals with grievous hurt caused for these purposes, broadly corresponding to Section 331 IPC. Do not confuse these with BNS Section 330, which concerns house-trespass after preparation for hurt, assault or wrongful restraint.
Essential ingredients of the offence
- Hurt must be caused: There must be bodily pain, disease or infirmity within the statutory definition of hurt.
- Voluntary causation: The act must meet the statutory requirement of intentionally or knowingly causing hurt.
- Specific prohibited purpose: The hurt must be inflicted to obtain a confession, information about an offence or misconduct, property or valuable security, satisfaction of a claim or demand, or information facilitating recovery.
- Target may include another interested person: The law expressly covers pressure directed at the injured person or someone interested in that person.
Obtaining an actual confession or recovering property is not necessarily required; the prosecution must establish the prohibited purpose and the other statutory elements.
Meaning of important legal terms
Hurt and voluntarily causing hurt
Section 321 IPC explains voluntarily causing hurt; Section 319 IPC defines hurt as causing bodily pain, disease or infirmity. The corresponding BNS provisions are Sections 114 and 115(1).
Confession and information
A confession is an admission of guilt, whereas the provision also covers information that may lead to the detection of an offence or misconduct. The coercive purpose is central to this offence. Admissibility of confessions is governed separately by the applicable evidence law, including safeguards concerning police custody and inducement.
Property, valuable security and claims
Valuable security is a legally significant document creating, transferring, restricting, extinguishing or releasing a legal right, or acknowledging a legal liability or absence of a legal right. The section also covers using hurt to force someone to satisfy a claim or demand, whether or not the demand is otherwise asserted to be due.
Punishment and legal comparison
| Issue | IPC Section 330 | BNS Section 120(1) |
|---|---|---|
| Prohibited conduct | Hurt to extort confession, information or compel recovery/payment | Corresponding offence |
| Imprisonment | Either description, up to 7 years | Either description, up to 7 years |
| Fine | Also liable to fine | Also liable to fine |
| Hurt definition | Section 319 IPC | Section 114 BNS |
| Grievous-hurt counterpart | Section 331 IPC | Section 120(2) BNS |
| General application | Pre-1 July 2024 offences, subject to savings | Offences from 1 July 2024 |
Difference from related IPC provisions
- Section 327 IPC concerns hurt to extort property or compel an illegal act; Section 330 specifically covers confession, investigative information and compelled restoration or satisfaction of demands.
- Section 329 IPC concerns grievous hurt for extortion or unlawful compulsion.
- Section 323 IPC addresses ordinary voluntarily causing hurt without Section 330's special purpose.
- Section 331 IPC applies where grievous hurt is caused for the prohibited purposes covered by Section 330.
Proof, custodial violence and procedural safeguards
Relevant evidence may include medical examination reports, injury certificates, custody and arrest records, witness statements, communications containing demands, CCTV footage and other admissible material. The facts must show both the injury and the prohibited purpose. Constitutional protections against compelled self-incrimination and the statutory rules governing confessions and custodial treatment may also be relevant.
The provision can apply to public officials and private individuals. An asserted right to collect dues or investigate wrongdoing does not, by itself, authorise causing hurt.
Frequently asked questions
What is Section 330 IPC?
It penalises voluntarily causing hurt to extort a confession or information about an offence or misconduct, or to compel restoration of property, satisfaction of a claim or demand, or information leading to recovery.
What is the punishment under IPC Section 330?
Imprisonment of either description for up to seven years, and liability to fine.
What is the equivalent of Section 330 IPC in the BNS?
Section 120(1) of the Bharatiya Nyaya Sanhita, 2023, addresses voluntarily causing hurt to extort confession or compel restoration of property. BNS Section 330 is a different offence.
Does Section 330 IPC cover police torture?
Yes. The statutory illustrations include a police officer torturing someone to obtain a confession or locate stolen property. Whether a particular case satisfies the legal ingredients depends on the evidence.
What if grievous hurt is caused instead?
IPC Section 331, broadly corresponding to BNS Section 120(2), deals with voluntarily causing grievous hurt for the same prohibited purposes.
When does the BNS apply?
The BNS generally applies to conduct on or after 1 July 2024; earlier conduct is assessed under the IPC subject to applicable savings and transitional rules.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 114, 115 and 120).
- India Code - Government of India (Indian Penal Code, 1860, Sections 319, 321, 330 and 331).
- Ministry of Home Affairs (criminal law commencement and notifications).
Updated 30 October 2026. This article is general legal information; the law applicable to a particular incident depends on the date and circumstances.