Section 168: Prohibition of degrading or inhuman treatment

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1) No person shall subject, or cause to be subjected, anyone to degrading or inhuman treatment.

Explanation: For the purposes of this Section, the following acts shall be deemed to constitute a degrading or inhumane treatment:

(a) To accuse one of being a witch,

(b) To expel one from his or her place of residence in accusation of being a witch,

(c) To excommunicate one from the society, or

(d) To make cruel, inhuman or degrading treatment by doing any other act whatsoever.

2) A person who commits the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees.

3) Banishing a woman to a shed (Chhaupadi) during menstruation or delivery, or subjecting, causing to be subjected, her to similar other discrimination, untouchability or inhuman treatment of any kind is prohibited.

4) A person who commits the offence referred to in sub-section (3) shall be liable to a sentence of imprisonment for a term not exceeding three months or a fine not exceeding three thousand rupees or both the sentences.

5) Where a public servant commits the offence referred to in this Section, he or she shall be liable to an additional sentence of imprisonment for a term not exceeding three months.

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