CrPC Section 316
📜 Bare Text of Section 316 CrPC:
"No influence to be used to induce disclosure."
Any statement, part of a statement, or any action by the judge, magistrate, or police officer during the course of any inquiry or trial shall not be such as to induce a person accused of an offence to believe that by making a confession or any statement he will gain any advantage or avoid any harm.
🧠 Meaning and Purpose:
This section prohibits coercion, inducement, or persuasion from judges, magistrates, or police officers to obtain a confession or incriminating statement from an accused person.
It is based on the legal principle of voluntariness — a confession must be made voluntarily to be admissible in court. If any person in authority gives an impression (even unintentionally) that the accused will get a benefit (like leniency or acquittal) or avoid harm (like a harsher punishment or torture) by confessing, that statement becomes unreliable and inadmissible as evidence.
⚖️ Why is this Important?
Ensures fair trial and protection of rights of the accused.
Prevents forced confessions or misuse of power.
Aligns with Article 20(3) of the Indian Constitution — “No person accused of any offence shall be compelled to be a witness against himself.”
🧾 Key Elements of Section 316:
Applies during inquiry or trial: This section becomes relevant once legal proceedings have begun.
Covers all authorities involved:
Judges
Magistrates
Police officers
Focuses on the mental perception of the accused:
If the accused believes (even without express words) that by confessing, they will get some benefit or avoid harm, the statement is questionable.
Applies to all types of statements/confessions:
Verbal
Written
Gestural
Through conduct
🚫 What is Not Allowed:
Saying things like:
"If you confess, the court will go easy on you."
"The judge will forgive you if you tell the truth now."
"You’ll avoid jail time if you cooperate."
Making indirect suggestions or implications that a confession will help.
✅ What is Allowed:
The police or magistrate can record voluntary confessions if done without inducement, threat, or promise.
A magistrate can record a confessional statement under Section 164 CrPC, but only after ensuring that the confession is voluntary.
🔍 Related Provisions:
Section 24 of the Indian Evidence Act, 1872: A confession made under inducement, threat or promise is inadmissible.
Section 164 CrPC: Procedure for recording confessions by magistrates, with safeguards.
🧑⚖️ Illustration Example:
Imagine a police officer tells an accused:
"If you admit that you were at the crime scene, the judge might show mercy. Otherwise, you could go to jail for life."
Even if the accused then confesses, that confession is inadmissible in court because it wasn’t made voluntarily—it was influenced by the hope of advantage.
🧷 Conclusion:
Section 316 CrPC reinforces the principle that justice must be free from coercion or manipulation. Any form of psychological pressure or suggestion that affects the accused’s decision to speak or stay silent violates the integrity of the trial. This provision is crucial for protecting the dignity, autonomy, and constitutional rights of individuals facing criminal charges.
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