Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 182
Code: Section 182(1) & (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Explanation:
This section deals with the prohibition of inducement, threat, or promise to influence a person’s statement during an investigation. It essentially aims to ensure the voluntariness of statements made during investigations.
- Sub-section (1) prohibits police officers or any person in authority from offering or making, or causing to be offered or made, any inducement, threat, or promise that would fall under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023. This section states that a confession induced by any inducement, threat, or promise is inadmissible in court.
- Sub-section (2), however, clarifies that police officers cannot prevent a person from making a statement of their own free will during an investigation, even if they are cautioned or advised against it. This sub-section aims to balance the need for voluntariness with the need to gather information during an investigation.
- The proviso to sub-section (2) clarifies that this sub-section does not affect the provisions of Section 184(4) of the BNSS, which deals with the recording of confessions.
Illustration:
Suppose a police officer, during an investigation, tells a suspect, “If you confess to the crime, I will make sure you get a lighter sentence.” This would be considered an inducement and would violate Section 182(1) of the BNSS. Any confession obtained under such circumstances would be inadmissible in court.
Common Questions and Answers:
- Q: What are some examples of inducement, threat, or promise under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023?
- A: Examples include offering a reward, threatening harm, or promising leniency in return for a confession.
- Q: Can a police officer ask a suspect to tell their side of the story?
- A: Yes, as long as it is done without any inducement, threat, or promise. The police officer should ensure that the suspect is aware of their right to remain silent and that any statement they make can be used against them in court.
- Q: What happens if a confession is obtained through inducement, threat, or promise?
- A: Such a confession would be inadmissible in court, meaning it cannot be used as evidence against the suspect.
