Section 182 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
📘 Section 182 – No Inducement to Be Offered
Text of Section 182:
(1) 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.
(2) 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.(indiankanoon.org, snappar.com)
🔍 Understanding Section 182
Section 182 of the BSA, 2023, addresses the conduct of police officers and other persons in authority during investigations. It prohibits them from offering or making, or causing to be offered or made, any inducement, threat, or promise to a person being investigated. This aligns with Section 22 of the BSA, which renders confessions obtained through such means inadmissible in court.(apnilaw.com)
The section also clarifies that while inducements are prohibited, police officers and other persons in authority should not prevent a person from making a statement of their own free will during an investigation. This ensures that individuals can voluntarily provide information without coercion.(apnilaw.com)
🧩 Key Points
Prohibition of Inducements: Police officers and persons in authority are prohibited from offering or making, or causing to be offered or made, any inducement, threat, or promise to a person under investigation.(apnilaw.com)
Voluntary Statements: While inducements are prohibited, individuals should not be prevented from making statements of their own free will during an investigation.(apnilaw.com)
Reference to Section 22: The section references Section 22 of the BSA, which deals with confessions caused by inducement, threat, coercion, or promise, rendering them irrelevant in criminal proceedings.(indiacode.nic.in)
⚖️ Importance of Section 182
Ensures Fairness: By prohibiting inducements, threats, or promises, Section 182 ensures that confessions and statements are made voluntarily, preserving the fairness of the investigative process.(apnilaw.com)
Protects Rights: The section protects individuals from coercion or manipulation during investigations, upholding their rights and dignity.(apnilaw.com)
Promotes Justice: By ensuring that statements are made voluntarily, the section contributes to the integrity of the judicial process, promoting justice.
If you have further questions or need clarification on other sections, feel free to ask!
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