Section 354 BNSS: No influence to be used to induce disclosure (Formerly Section 316 CrPC)

Section 354 of Bharatiya Nagarik Suraksha Sanhita, 2023: No influence to be used to induce disclosure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 354

Section 354 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 316 of the CrPC, 1973) strictly prohibits any police officer or person in authority from using any influence, inducement, threat, or promise to induce any person to disclose or withhold any matter within their knowledge.

Absolute Prohibition of Coercion: Except as provided in Sections 343 and 344 (tender of pardon), no influence, by means of any promise or threat or otherwise, shall be used to induce disclosures.
Protection of Free Will: Guarantees that witness testimony and confessional statements remain unpolluted by executive coercion or third-degree methods.
Statutory Bar on Extracting Statements: Complements Section 22 of the BSA, 2023, rendering any confession caused by inducement, threat, or promise completely irrelevant.

Key Landmark Precedents:

Nandini Satpathy v. P.L. Dani, (1978) 2 SCC 424: The Supreme Court ruled that Article 20(3) and procedural prohibitions bar psychic pressure, intimidation, and coercive interrogation techniques by police authorities.
D.K. Basu v. State of W.B., (1997) 1 SCC 416: Laid down mandatory custodial guidelines, affirming that extracting admissions through duress is an abhorrent violation of basic human rights.

Courtroom Practice & Strategic Litigation Guidance:

If an accused is coerced or threatened into making confessional disclosures, document the coercion through contemporaneous medical examination applications and invoke Section 354 during trial.