Section 167: Prohibition of torture

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

(e) To do any other act contrary to law.

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 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 sub-section (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.