PREVENTION OF TORTURE BILL 2008 “ Bil tw provide punishment for torture inflicted by public servants or any person inflicting torture with the consent or acquiescence of any public servant and for matters connected therewith or incidental thereto Whereas ladia js a signatory to the United Nations Convention Against Torture: And whereas it is considered necessary to ratify the said Convention and to provide for muvre effective implementation; . Be ‘tenacted in Parliament in the Fifly-ninth Year of Republic of India as follows: Short Title and © 1 Uy This Act may be catled as the Prevention of Torture Act 2008. (2) Itextends to the whole of (3) Ht shall come inte force on such date the Cental Government may by, netstication athe Olficil Giazette appomt Del 2. (1) Words and expressions used in chis Act shall have the same meanings assigned to them in the Indian Penal Code. (2) Any reference in this Act to any enactment or any provision thereof shall acy area in which such enactment or provision is not in force be construed as a reference lo the corresponding law or the relevant provision of the corresponding law, if any in force in that areaTorture 3. Whoever, being @ public servant or being abetted by a public s consent or acquiescence of a public servant, intention ant or with the ly does any act which causes. (i) grievous huréto any person; oF | comment: Sssin 3280 1 Gi) danger to Ife limb o health (whether mental or physical) of any person, is said to inflict torture: Provided that nothing contained in this section shall apply to any pain, hurt or entisned caused by any act, which is justified by law Manger as aforer Explanation.- For the purposes of this seetion “public servant” shall without prejudice t section 21 of the Indian Penal Code , also include any person acting in his official fender ny fapes | under the Censral Government oF the State Government Scena Facanen Pon! ment far Torture . 4. Whete dhe pubbe servant referred to in seetiv J oF any person abetted by or with the cons: or aequlescenue of such public servant, Corlures any person= fa) for the pucpose of extorting fron him or frou ¥y other person interested in him, yy confession or any information which may lead to the detection of an offence or misconduct [keno (b) on the ground of his religion, aoe, place of bit, residence, aneuage, [Feanarons fcc 240 ve shall be punished 9h suprisonment of either descryprow fora term which may extend to fet yeurs andl shall also be Hable to Gn Limitation for cognizance of offences b. Notwithstanding anything contained in the Code of Criminal Procedure 1973. no Court shall take chgnizance of an offence under this Act unless the complaint is made Withia six months from the date on which the offence is alleged to have been committed.