Bharatiya Nagarik Suraksha Sanhita, 2023
Section 354
No influence to be used to induce disclosure
Except as provided in sections 343 and 344, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.
Why this exists
This provision guards the voluntariness of any disclosure by an accused person, preventing coercive tactics, whether inducements or intimidation, that could produce unreliable or unfair confessions. It is a safeguard against improper pressure tactics in criminal investigations and trials, protecting due process.
How courts read it
Courts have long treated confessions or disclosures obtained through inducement, threat, or promise as unreliable and legally problematic, closely linking this kind of provision to broader evidentiary rules that exclude confessions extracted through coercion or false assurances from being used against the accused.
Common misconceptions
- Myth: Police can promise leniency to a suspect to get them to talk, as long as it works.
Fact: This section specifically forbids using promises, threats, or any other pressure to induce disclosure or silence, except through the formal pardon process under the specified sections.