Section 330 of IPC (Indian Penal Code) pertains to “voluntarily causing hurt to extort confession, or to compel restoration of property.” This offense is considered to be a serious one and carries a punishment of imprisonment for a term that may extend up to seven years, and also fine. It is a Cognizable, bailable & Non Compoundable offence.
What is the Punishments under section 330 of IPC ?
The punishment under 330 of IPC is Imprisonment for 7 years or fine.
Possibility of bail under section 330 of IPC ?
In cases involving section 330 IPC, the possibility of bail will depend on the specific circumstances of the case and the discretion of the court. The court may take into consideration factors such as the gravity of the offense, the evidence against the accused, and the accused’s prior criminal record. If the court finds that the accused is not a flight risk and is not likely to interfere with the investigation or tamper with evidence, it may grant bail. However, in cases where the offense is considered to be of a serious nature and the prosecution has a strong case, bail may be denied.
Explanation of 330 IPC with example
Example (i) : If X, a police officer, threatens to beat up Y, a suspect in a case, unless Y confesses to the crime, X can be charged under Section 330 of IPC for voluntarily causing hurt to extort a confession.
Example (ii) : If Z, a landlord, causes physical injury to his tenant, W, to force him to vacate the rented property, Z can be charged under Section 330 of IPC for voluntarily causing hurt to compel restoration of property.
In both examples above, the accused (X, Z) have used physical violence to extract a confession or to force the restoration of property, which is a violation of section 330 of IPC.
It’s important to note that, In general, the courts take the offense under this section very seriously, as it involves violation of bodily integrity of an individual and also it may have an impact on the society as well as on the administration of justice.
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