Section 163 CrPC: No inducement to be offered

Chapter XII

Coercion, Confession, due process, Inducement, investigation, Police powers, Promise, self-incrimination, Statement, Threat, Voluntariness

New Law Update (2024)

Section 181 BNSS

TRIAL COURT

Punishment

Procedural – Investigation / Inquiry

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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 24 of the Indian Evidence Act, 1872 (1 of 1872).
(2) 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 164.

Important Sub-Sections Explained

Section 163(1)

This sub-section strictly prohibits police officers or other persons in authority from using any inducements, threats, or promises, as defined by the Indian Evidence Act, to extract confessions from individuals during an investigation. Its purpose is to prevent coerced confessions and uphold the principle that only voluntary statements are admissible.

Section 163(2)

This sub-section ensures that no one, including police officers, can prevent a person from making a statement of their own free will during an investigation, even through cautions or other means. It reinforces the right of an individual to voluntarily make a statement, while also providing a crucial safeguard by referencing Section 164(4) CrPC, which deals with the careful recording of confessions.

Landmark Judgements

Nandini Satpathy v. P.L. Dani (1978):

This landmark Supreme Court judgment expanded the scope of the right against self-incrimination under Article 20(3) of the Constitution to the investigation stage, clarifying that it protects against compelled testimony and statements that could potentially incriminate the accused. It highlighted the importance of ensuring voluntariness in statements, reinforcing the spirit of Section 163 CrPC.

Kishore Singh Ravinder Dev v. State of Rajasthan (1981):

The Supreme Court reiterated the critical need for confessions to be absolutely voluntary and free from any inducement, threat, or promise, as stipulated by Section 163 CrPC and Section 24 of the Indian Evidence Act. The ruling emphasized the responsibility of magistrates to meticulously ensure the voluntariness of statements recorded under Section 164 CrPC, safeguarding against any form of coercion.

Chapter XII