Bharatiya Nagarik Suraksha Sanhita, 2023
Section 182
No inducement to be offered
(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.
Why this exists
This provision continues a long-standing safeguard from the Code of Criminal Procedure, 1898 and 1973 (formerly Section 163 CrPC), aimed at ensuring that statements made to police during investigation are voluntary and reliable. It works alongside evidence law principles that treat confessions obtained through inducement, threat, or promise as unsafe to rely on, since such statements may not reflect the truth but rather what the person believed the police wanted to hear.
How courts read it
Indian courts, interpreting the predecessor Section 163 CrPC, have consistently held that any statement or confession extracted through coercion, promise of leniency, or threat loses evidentiary value, reinforcing the constitutional protection against self-incrimination under Article 20(3). Courts have also clarified that police cannot discourage a person from voluntarily speaking, since the right to make a free statement is distinct from the prohibition on inducement; the two sub-sections work together to protect voluntariness without silencing genuine free will.
Common misconceptions
- Myth: This provision means a person questioned by police never has to say anything.
Fact: It only prevents police from forcing, tricking, or bribing someone into speaking — it doesn't create a blanket right to silence during all police questioning, and separate rules (like those on confessions before a Magistrate) still apply. - Myth: If police just stay silent and don't actively threaten someone, any statement obtained is automatically valid.
Fact: The law looks at inducement, threat, or promise broadly, as defined under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 — subtle pressure or promises can still make a statement inadmissible.