(1) No authority who is competent under the
law in force to investigate or prosecute any offence, implement law,
take any one into control, or hold any one in custody or detention in
accordance with law shall subject, or cause to be subjected, any one
to physical or mental torture or to cruel, brutal, inhuman or
degrading treatment.
Explanation: For the purposes of this Section, intentional
inflicting of physical or mental pain or suffering on any person who
is arrested, taken into control, held in custody, detention or
imprisonment or under preventive detention or security or any other
person interested in such person or subjecting such person to cruel,
brutal, inhuman or degrading treatment or punishment for the
following purpose shall be considered to constitute torture or cruel,
brutal, inhuman or degrading treatment or punishment against or to
such person:
(a) To get information on any matter,
(b) To extort confession of any offence,
(c) To punish for any act,
(d) To show fear, intimidation or coercion, or
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(e) To do any other act contrary to law.
(2) A person who commits the offence referred to in subsection
(1) shall be liable to a sentence of imprisonment for a term
not exceeding five years or a fine not exceeding fifty thousand
rupees or both the sentences, according to the gravity of the offence.
(3) A person who orders the commission of the offence
referred to in sub-section (1) or an accomplice who aids in the
commission of the offence referred to in this Section shall be liable
to the same sentence as is imposable on the principal offender.
(4) No person who commits the offence referred to in subsection
(1) shall be allowed to plea that he or she has committed the
offence in pursuance of an order by the authority superior to him or
her; and, on such ground, he or she shall not be exempted from the
sentence imposable on him or her for the commission of such
offence.