Section 182 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 182 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: No Inducement to Be Offered
📜 Text of Section 182
182. No inducement to be offered
No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat, or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023
But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will:(
Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 183.
⚖️ Legal Context
Section 182 of the BNSS, 2023, aligns with the principles established in the Bharatiya Sakshya Adhiniyam, 2023, particularly Section 22, which addresses the inadmissibility of confessions made under inducement, threat, or promise. This section reinforces the legal safeguards ensuring that statements made during investigations are voluntary and not coerced.
🔍 Key Provisions Explained
Prohibition of Inducement, Threat, or Promise: This clause prohibits police officers or individuals in authority from offering or causing to be offered any inducement, threat, or promise to a person in custody or under investigation. Such actions are deemed to render any resulting confession inadmissible in court.
Right to Voluntary Statement: The second clause ensures that individuals are not prevented from making statements of their own free will during an investigation. Police officers are prohibited from using caution or other means to deter a person from making a voluntary statement.
Exception Clause: The proviso clarifies that this section does not affect the provisions of sub-section (4) of section 183, which pertains to the recording of confessions and statements.
⚖️ Comparison with the Indian Evidence Act
Section 182 of the BNSS, 2023, corresponds to Section 24 of the Indian Evidence Act, 1872, which deals with confessions caused by inducement, threat, or promise. Both legal provisions aim to ensure that confessions are made voluntarily and are not the result of coercion or improper influence.
🧭 Illustrative Example
Scenario: During an investigation, a police officer offers a suspect a reduced sentence in exchange for a confession.
Legal Implication: Under Section 182 of the BNSS, 2023, such an inducement would render any resulting confession inadmissible in court, as it violates the principle that confessions must be made voluntarily without coercion or improper influence.
📌 Conclusion
Section 182 of the BNSS, 2023, is a critical safeguard in the criminal justice system, ensuring that confessions and statements made during investigations are voluntary and not the result of inducement, threat, or promise. This provision upholds the integrity of the investigative process and protects individuals from coercive practices.
RELATED Blog
0 comments