Section 78: Torture by public official

78. Torture by public official (1) Subject to subsection (3), where— (a) any person who is a public official, or is otherwise acting in an official capacity; or (b) any person, at the instigation of, or with the acquiescence of, a public official or a person otherwise acting in an official capacity, intentionally inflicts severe pain or suffering, whether physical or mental, on any other person— (i) to obtain a confession or other information from that other person, or a third person; (ii) to punish that other person for an act which that other person or a third person has committed, or is suspected of having committed; (iii) to intimidate or coerce that other or a third person; or (iv) for any reason based on discrimination of any kind, he shall commit the offence of torture and shall, on conviction, be liable to a fine not exceeding 150,000 rupees and to imprisonment for a term not exceeding 10 years. (2) Where the act constituting an offence under subsection (1) has been committed outside Mauritius and— (a) the victim is a citizen of Mauritius; [Issue 2] C57 – 20 Revised Laws of Mauritius (b) the alleged offender is in Mauritius; or (c) the alleged offender is in Mauritius, and Mauritius does not extradite him, a Court shall have jurisdiction to try the offence and inflict the penalties specified in subsection (1). (3) Subsection (1) shall not apply to any pain or suffering arising only from, or inherent in, or incidental to, a lawful sanction. (4) It shall not be a defence for a person charged with an offence under subsection (1) to prove that he acted by order of his superior. [S. 78 inserted by s. 4 of Act 12 of 2003; amended by s. 8 of Act 36 of 2008 w.e.f. 6 December 2008.]