HC Deb 11 June 1912 vol 39 cc678-9
17. Sir WILLIAM BYLES

asked the Under-Secretary of State for India whether he will give the House further details of the torture cases for which four head constables in Calcutta have been convicted, stating the number and sex of the persons tortured and the nature of the torture; will he say who was the superior officer over these constables; and why no alteration of the law has been carried out making confessions inadmissible except to the trying judge, and thus taking away from the police the motive to torture?

Mr. MONTAGU

A sub-inspector and three head constables of the Calcutta police were charged with voluntarily causing hurt to one Nageshwar Ajha for the purpose of extorting a confession which might lead to the detection of a theft case. Two head constables were convicted of causing hurt, and the sub-inspector and the other head constable of abetment. All four were acquitted of causing hurt to another prisoner who alleged that he had been tortured. Nageshwar appears to have been beaten and slightly wounded with a knife. The sentences passed were two of nine months' rigorous imprisonment, one of six months, and one of four months. These constables belong to the force under the Commission of Police, Calcutta. The alteration of the law suggested is still being discussed by the Government of India with local governments. I must, however, point out that such an alteration could not remove all motive for obtaining information by improper means from persons supposed to know about a crime in order to facilitate detection of the offenders; its effect would necessarily be limited to persons suspected of having committed an offence.

Sir W. BYLES

Have any other recent cases of torture by the police to extract confessions come to the knowledge of the India Office?

Mr. MONTAGU

I regret to say the practice of torture is still resorted to in India, but in diminishing degree.

Mr. WEDGWOOD

Has the circular contemplated by the hon. Gentleman to be sent out urging that there should be personal examination in the case of every accused person who makes a confession been sent out, and is it being acted upon?

Mr. MONTAGU

I would rather not commit myself from memory, but I sent my hon. Friend an account of the various changes introduced recently, and I think that is one of the changes.

Colonel YATE

Are these head constables all natives of India?

Mr. MONTAGU

No; I regret to say that in this case the sub-inspector was not a native of India.