1. Code

Section 316 of the Code of Criminal Procedure (CrPC) states that “No person shall be induced to make any disclosure or confession, or to answer any question, by any threat, inducement, or promise, or by any other means whatsoever.”

2. Explanation

This section guarantees the right of an accused person to remain silent and not be coerced into making a statement. It emphasizes the principle of free will and prohibits any form of pressure that could lead to false confessions or disclosures.

• Threats: Using physical force, threats of violence, or harm to induce a confession.
• Inducements: Offering material benefits, rewards, or favors in exchange for a statement.
• Promises: Making promises of leniency, lighter punishment, or favorable treatment for cooperation.

3. Illustration

Suppose a police officer tells a suspect, “If you confess to the crime, I’ll make sure you get a lighter sentence.” This would be a clear violation of Section 316, as it constitutes a promise made to induce a confession.

4. Common Questions and Answers

Q: Can a confession obtained under duress be used as evidence?

A: No. A confession obtained through threats, inducements, or promises is considered involuntary and inadmissible in court.

Q: What happens if a police officer violates Section 316?

A: The confession obtained through coercion will likely be rejected by the court. The officer may also face disciplinary action or even criminal charges.