What is IPC Section 331?
IPC Section 331 falls within Chapter XVI of the Indian Penal Code ("Of Offences Affecting the Human Body"), within a specialized sub-group of sections (327 to 331) addressing hurt caused for specific improper purposes — extortion of property (Sections 327 and 329), constraining a person to an illegal act (Sections 327 and 329), or extorting confessions/information or compelling restoration of property (Sections 330 and 331). This sub-group creates a parallel, purpose-based classification, distinct from the general Sections 323-326 that address hurt and grievous hurt without reference to any specific coercive purpose.
Section 331 specifically addresses the grievous-hurt variant of the offence covered by Section 330 (which deals with simple hurt caused for the same purposes). The illustrations provided in the Code are instructive and pointed: they specifically depict a police officer torturing a person to induce a confession, a police officer torturing someone to reveal the location of stolen property, and a revenue officer torturing a person to compel payment of arrears. This makes Section 331 (and its Section 330 counterpart) one of the IPC's principal tools for addressing custodial violence and torture committed to extract confessions, information, or compliance from a person in official or unofficial custody or under duress.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Sections 330 and 331 IPC have been consolidated into a single Section 120 of the BNS, with sub-section (1) covering hurt (mirroring Section 330's punishment of up to 7 years) and sub-section (2) covering grievous hurt (mirroring Section 331's punishment of up to 10 years), while retaining the identical illustrations. FIRs registered before 1 July 2024 continue to be tried under IPC 331; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 331 IPC
This section must be read alongside Section 330 (the hurt-based, less severe counterpart, carrying up to 7 years), Section 320 (definition of grievous hurt), and Sections 327 and 329 (the analogous property-extortion or illegal-compulsion variants of causing hurt and grievous hurt). Given its custodial torture connotations, this section is also frequently discussed alongside constitutional protections against torture and custodial violence under Article 21.
Punishment Under Section 331
| Imprisonment | Imprisonment of either description (simple or rigorous) for a term which may extend to 10 years |
|---|---|
| Fine | Shall also be liable to fine, in addition to imprisonment |
| Nature of Offence | Cognizable — police can register an FIR and investigate without a warrant |
| Bailable / Non-Bailable | Non-Bailable — bail must be sought from the Sessions Court or higher |
| Compoundable | Not compoundable — the case cannot be withdrawn or settled directly between the parties |
| Triable By | Court of Session |
| Related Provisions | Section 330 (hurt to extort confession, up to 7 years), Section 320 (definition of grievous hurt), Section 327 & 329 (hurt/grievous hurt to extort property or illegal act) |
Key Ingredients / Essential Elements
Voluntary causing of grievous hurt
The accused must have voluntarily caused grievous hurt (falling within one of the eight categories under Section 320) to the sufferer.
Purpose of extorting a confession or information
The grievous hurt must be caused with the specific purpose of extracting a confession, or information that may lead to detecting an offence or misconduct.
Alternatively, purpose of compelling restoration of property
Or, the hurt must be caused to constrain the sufferer (or a person interested in them) to restore property/valuable security, satisfy a claim, or give information leading to such restoration.
The purpose need not be achieved for liability to attach
The offence focuses on the purpose behind causing the grievous hurt, not on whether the confession, information, or restoration was actually obtained as a result.
What Should You Do — For Complainants and For the Accused
If You Have Suffered Grievous Hurt to Extract a Confession or Property
- File an FIR immediately at the nearest police station — being cognizable, the police must register the complaint and begin investigation. Where the accused is a police officer or public official, consider also approaching the relevant oversight or human rights commission.
- Seek immediate medical attention and ensure comprehensive documentation of the grievous injuries suffered, since this evidence is central to the case.
- Preserve any evidence of the coercive purpose — such as demands made for a confession, information, or property restoration during or around the time of the assault.
If a Complaint Is Filed Against You
- Since the offence is non-bailable and carries a serious potential sentence, engage a criminal lawyer immediately to assess and file the appropriate bail application before the Sessions Court.
- A key defence is to challenge whether the hurt caused genuinely meets the "grievous" threshold under Section 320, or whether the specific coercive purpose (extracting confession/information or compelling property restoration) is actually established.
- Given the potential involvement of official capacity in many such cases, ensure representation addresses any parallel departmental or disciplinary proceedings as well.
FIR & Bail Process Under Section 331
Filing the FIR
Being cognizable, the police are obligated to register an FIR upon receiving information about the grievous hurt and its coercive purpose, and begin investigation immediately.
Medical Examination & Investigation
Medical examination is conducted to document the grievous hurt, and police investigate the circumstances and purpose behind the assault.
Bail
Being non-bailable, the accused must apply for regular or anticipatory bail before the Sessions Court or High Court.
Trial
The case is tried before the Court of Session, and being non-compoundable, must proceed through the full trial process.
Important / Landmark Cases on Section 331
D.K. Basu v. State of West Bengal
While primarily concerned with laying down guidelines against custodial violence and torture generally, this landmark case is frequently cited in the context of Section 331 IPC, given the section's direct applicability to police officers who inflict grievous hurt on suspects to extract confessions or information, and the Court's emphasis on holding such officials accountable.
Application to Non-Official Coercion
While the Code's illustrations focus on public officials (police and revenue officers), courts have clarified that Section 331 is not limited to official actors — any person who voluntarily causes grievous hurt for the specific purpose of extracting a confession, information, or compelling property restoration can be held liable, even in purely private disputes.