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.
Bharatiya Nagarik Suraksha Sanhita
Section 354
No influence to be used to induce disclosure
Englishहिंदी
⚡ Quick Answer Reference: Section 354 BNSS
- Provision: Section 354 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section prohibits using influence, promises, or threats to force an accused person to reveal or hide information they know, except in cases covered by sections 343 and 344.
Statutory Content
What does Section 354 of BNSS say?
Indian StandardSection 354, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 354 (India)
Court Pleading StandardSection 354 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/354
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 354 of BNSS mean?
Plain English Explanation
This section prohibits using influence, promises, or threats to force an accused person to reveal or hide information they know, except in cases covered by sections 343 and 344.
Practical Interpretation
In practice, this section ensures that accused individuals are not coerced into disclosing information, protecting their rights and preventing potential miscarriages of justice.
Core Legal Purpose
The core purpose is to safeguard the rights of the accused by preventing undue influence, thus ensuring a fair legal process.
Key Legal Elements
- •The accused person must be subjected to some form of influence.
- •The influence must be aimed at inducing the disclosure or withholding of information.
- •The key legal test is whether the influence was used to compel the accused to disclose or withhold information.
- •The key exception is that sections 343 and 344 provide exceptions to this rule.
Practical Example
Practical Example of Section 354 BNSS
Rajesh, accused of a crime, is told by the investigator that if he confesses, his family will be protected. This is a violation of Section 354 because it uses a promise (protection of the family) to induce a disclosure. In a legitimate scenario, the investigator must avoid such tactics to ensure Rajesh's rights are respected.
Common Questions (FAQ)
Frequently Asked Questions about Section 354 BNSS
Q: What is the punishment or consequence under Section 354 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
The section applies to the treatment of accused persons, implying its relevance is in the context of legal proceedings, which typically involve public entities or officials.
Q: Is an offence under this section bailable or cognizable?
This section does not specify an offence in the traditional sense but rather a procedural protection, so it does not directly classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 354 BNSS
What is Section 354 of BNSS?
Section 354 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "No influence to be used to induce disclosure". In plain terms: This section prohibits using influence, promises, or threats to force an accused person to reveal or hide information they know, except in cases covered by sections 343 and 344.
What is the punishment under Section 354 of BNSS?
Section 354 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 354 of BNSS bailable or non-bailable?
Whether Section 354 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 354 of BNSS?
The essential elements of Section 354 of BNSS are: The accused person must be subjected to some form of influence.; The influence must be aimed at inducing the disclosure or withholding of information.; The key legal test is whether the influence was used to compel the accused to disclose or withhold information..
Landmark Case Laws
Landmark Judgments under Section 354 BNSS
Patnahcucisdb94 High Court (10 8)
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