The Law Commission has recommended life in jail for public servants convicted of torture.
It also said that the government should ratify a UN convention to tide over difficulties in extraditing criminals from foreign countries due to the absence of a law preventing harsh treatment by authorities.
Key Highlights
The report suggested that a bill should be introduced in Parliament to amend various laws to prevent torture by government officials.
The report submitted to the law ministry said the Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872, require amendments to accommodate provisions regarding compensation and burden of proof.
It recommended an amendment to section 357B to incorporate payment of compensation, in addition to the payment of fine provided in the Indian Penal Code.
It said that the courts would decide upon a "justiciable compensation" after taking into account various facets of an individual case, such as nature, purpose, extent and manner of injury, including mental agony caused to the victim.
The report also said an effective mechanism must be put in place to protect victims of torture, complainants and witnesses against possible threats, violence or ill-treatment.
The Commission recommended the State own the responsibility for injuries caused by its agents on citizens, and the "principle of sovereign immunity cannot override the rights assured by the Constitution".
It also talked about insertion of section 114B in the Indian Evidence Actto ensure that in case person in police custody sustains injuries, it is presumed that those injuries have been inflicted by police, and burden of proof shall lie on authority concerned to explain such injury.
