Draft bill to prevent torture sent to states: Law min

A draft law proposing life in jail for public servants convicted of torture has been circulated to the states to seek their views, the government informed the Lok Sabha today.

Minister of State for Law P P Chaudhary said in a written reply that sections 330 and 331 of the Indian Penal Code have provisions against the use of force to extort confession.

He said the Law Commission had submitted a report in October last on implementation of UN Convention against torture. It had also submitted a draft 'Prevention of torture bill'.

"As criminal laws are in the Concurrent List, the report of the Law Commission along with the draft bill has been circulated to state governments by the Home Ministry for their views," he said.

Recommending life in jail for public servants convicted of torture, the Law Commission report had said the government should ratify a UN convention to tide over difficulties in extraditing criminals from foreign countries due to the absence of a law preventing harsh treatment by authorities.

It had also said in case the government decided to ratify the 'UN convention on torture and other inhuman and degrading treatment or punishment', a bill should be introduced in Parliament to amend various laws to prevent torture by government officials.

The draft Prevention of torture bill, 2017' proposed stringent punishment to perpetrators to curb the menace of torture and have a deterrent effect. The punishment could extend up to life imprisonment and includes a fine.

The report said the Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872, require amendments to accommodate provisions regarding compensation and burden of proof.