(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.
Bharatiya Nagarik Suraksha Sanhita
Section 182
No inducement to be offered
⚡ Quick Answer Reference: Section 182 BNSS
- Provision: Section 182 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: This section prohibits police officers or those in authority from offering inducements, threats, or promises to influence statements during investigations.
What does Section 182 of BNSS say?
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What does Section 182 of BNSS mean?
Plain English Explanation
This section prohibits police officers or those in authority from offering inducements, threats, or promises to influence statements during investigations.
Practical Interpretation
In practice, this section ensures that statements made during investigations are voluntary and not coerced, protecting the rights of individuals.
Core Legal Purpose
The core purpose is to prevent coercion and ensure the integrity of statements made during investigations, upholding the principles of fair investigation and justice.
- •The person must be a police officer or in authority.
- •The act must involve offering an inducement, threat, or promise as defined in section 22 of the Bharatiya Sakshya Adhiniyam, 2023.
- •The key legal test is whether the statement was made voluntarily without any form of coercion.
- •A key exception is that nothing in this section prevents a person from making a voluntary statement of their own free will.
Practical Example of Section 182 BNSS
Rajesh, a suspect in a theft case, is being questioned by Officer Amit. Officer Amit must not offer Rajesh any inducements, such as a reduced sentence, in exchange for a confession. If Rajesh decides to make a statement, it must be of his own free will, without any coercion or promise of benefit. Officer Amit's role is to ensure that Rajesh's rights are protected and that any statement made is voluntary.
Frequently Asked Questions about Section 182 BNSS
Q: What is the punishment or consequence under Section 182 of BNSS?
The specific punishment or consequence is not detailed in this section but may be outlined in other parts of the Bharatiya Nagarik Suraksha Sanhita or related legal codes, potentially including fines, imprisonment, or disciplinary action against the offending officer.
Q: Does this section apply to private individuals or public entities?
This section specifically applies to police officers or persons in authority, implying its primary application is to public entities or individuals acting in an official capacity, rather than private individuals.
Q: Is an offence under this section bailable or cognizable?
Without specific details on the classification of offences under this section in the provided text, one would need to consult the broader legal framework of the Bharatiya Nagarik Suraksha Sanhita or related codes to determine if an offence under Section 182 is bailable or cognizable.
Common Questions about Section 182 BNSS
What is Section 182 of BNSS?
Section 182 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "No inducement to be offered". In plain terms: This section prohibits police officers or those in authority from offering inducements, threats, or promises to influence statements during investigations.
What is the punishment under Section 182 of BNSS?
Section 182 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 182 of BNSS bailable or non-bailable?
Whether Section 182 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 182 of BNSS?
The essential elements of Section 182 of BNSS are: The person must be a police officer or in authority.; The act must involve offering an inducement, threat, or promise as defined in section 22 of the Bharatiya Sakshya Adhiniyam, 2023.; The key legal test is whether the statement was made voluntarily without any form of coercion..
What is the IPC equivalent of Section 182 of BNS?
Section 182 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 163 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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