Report No. 273
Implementation of 'United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment' through Legislation
Contents |
Chapter I |
Introduction |
A. |
Background |
B. |
Reference to the Commission |
(i) |
Observation of certain organisations |
(ii) |
Government's stand |
Chapter II |
International Scenario |
A. |
Human Rights Instruments |
B. |
Convention against Torture (CAT) |
(i) |
Obligation of States |
(ii) |
Jurisdiction |
(iii) |
A State Party's Undertakings |
(iv) |
Documenting Torture and Cruel Treatment |
(v) |
Enforcement |
C. |
International Humanitarian Law |
D. |
International Criminal Law |
E. |
Implementation of CAT in various Countries |
(i) |
United Kingdom |
(ii) |
United States of America |
(iii) |
Russian Federation |
(iv) |
China |
(v) |
France |
F. |
Pronouncements by various international adjudicatory forums |
(i) |
Defining Cruel Treatment and Torture |
(ii) |
Psychological Suffering |
(iii) |
Corporal Punishment |
(iv) |
Treatment of Prisoners and Detainees |
Chapter III |
Examination of issues relating to Torture by various Commissions |
A. |
National Commission to Review the working of the Constitution |
B. |
Reports of the Law Commission of India |
(i) |
Injuries In Police Custody |
(ii) |
Custodial Crimes |
(iii) |
177th Report of the Law Commission (2001) titled "Law Relating to Arrest" |
(iv) |
Review of the Indian Evidence Act, 1872 |
(v) |
Amendments to Code of Criminal Procedure 1973 |
C. |
Fourth Report of National Police Commission (1980) |
Chapter IV |
Constitutional / Statutory Provisions |
A. |
Constitutional Provisions |
B. |
Statutory Provisions |
(i) |
Indian Evidence Act, 1872 |
(ii) |
Code of Criminal Procedure, 1973 |
(iii) |
Indian Police Act, 1860 |
(iv) |
Indian Penal Code, 1860 |
(v) |
Armed Forces Special Powers Act, 1983 |
Chapter V |
Judicial Response to Custodial Deaths & Violence |
A. |
Custody means |
B. |
Judicial Response (1) |
|
Judicial Response (2) |
Chapter VI |
Compensation for Custodial Torture / Death (1) |
|
Compensation for Custodial Torture / Death (2) |
Chapter VII |
Recommendations |
(i) |
Ratification of Convention against Torture |
(ii) |
Amendment to Existing Statutes |
(iii) |
Punishment for acts of torture |
(iv) |
Compensation to Victims |
(v) |
Protection of Victims, Complainants and Witnesses |
(vi) |
Sovereign Immunity |
Annexure |
The Prevention of Torture Bill, 2017 |
Chapter I |
Preliminary |
1. |
Short title and commencement |
2. |
Definitions |
Chapter II |
Torture and Punishment |
3. |
What amounts to torture |
4. |
Punishment for torture |
Chapter III |
Miscellaneous |
5. |
Cognizance of offences and trial |
6. |
Cognizance of Offences |
7. |
Previous sanction necessary for prosecution |
8. |
Presumptions |
9. |
Protection of victims, complainants and witnesses |
10. |
Provisions relating to bail |
11. |
Act not in derogation of any other law |
12. |
Power to make rules |
Chapter IV |
Amendments to The Code Of Criminal Procedure, 1973 2 of 1974. |
13. |
Substitution of new section for section 357B |
Chapter IV |
Amendments to The Indian Evidence Act, 1872 |
14. |
Insertion of new section 114B |
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Implementation of 'United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment' through Legislation |