70 CAP. 9.] CRIMINAL CODE Aggravating circumstances. (2) Where it is proved that the entry has taken place for an unlawful purpose or for a private advantage, the offender shall, on conviction, be liable to imprisonment for a term from one to twelve months. Failure or refusal of magistrates or Police to perform certain duties. 137. Any magistrate who, in a matter within his powers, fails or refuses to attend to a lawful complaint touching an unlawful detention, and any officer of the Executive Police, who, on a similar complaint made to him, fails to prove that he reported the same to his superior authorities within twenty-four hours, shall, on conviction, be liable to imprisonment for a term from one to six months. Malicious violation of official duties. Amended by: V.1868.5; VI. 1871.9; I.1903.5. 138. Any public officer or servant who shall maliciously, in violation of his duty, do or omit to do any act not provided for in the preceding articles of this Title, to the oppression or injury of any other person, shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine (multa): Provided that the court may, in minor offences, award any of the punishments established for contraventions. Aggravating circumstance. 139. Where the injurious or oppressive act is one of those mentioned in articles 86, 87, 88 and 89, the offender shall, on conviction, be liable to the punishment laid down in those articles respectively, increased by one degree. Torture and other cruel, inhuman or degrading treatment or punishment. Added by: XXIX. 1990.5. 139A. Any public officer or servant or any other person acting in an official capacity who intentionally inflicts on a person severe pain or suffering, whether physical or mental (a) for the purpose of obtaining from him or a third person information or a confession; or (b) for the purpose of punishing him for an act he or a third person has committed or is suspected of having committed; or (c) for the purpose of intimidating him or a third person or of coercing him or a third person to do, or to omit to do, any act; or (d) for any reason based on discrimination of any kind, shall, on conviction, be liable to imprisonment for a term from five to nine years: Provided that no offence is committed where pain or suffering arises only from, or is inherent in or incidental to, lawful sanctions or measures: Provided further that nothing in this article shall affect the applicability of other provisions of this Code or of any other law providing for a higher punishment. Additional punishment of interdiction. 140. In the cases referred to in articles 133 to 139 inclusively, the court may, in addition to the punishment therein laid down, award the punishment of temporary or perpetual general interdiction.