Section 354 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 354 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
๐ Text of Section 354
"No influence to be used to induce disclosure."
"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."(
โ๏ธ Purpose of Section 354
Section 354 of the BNSS, 2023, is designed to protect the rights of accused individuals during criminal investigations and proceedings. It ensures that any disclosure made by an accused person is voluntary and not coerced through threats, promises, or any form of undue influence. This aligns with the principle that confessions or admissions obtained under duress are inadmissible in court.
๐ Key Provisions
Prohibition of Coercion: No individual, including law enforcement officers or investigators, is permitted to use threats, promises, or any form of influence to compel an accused person to disclose or withhold information.
Exceptions: The only exceptions to this rule are specified in Sections 343 and 344 of the BNSS, which likely pertain to specific legal procedures where certain disclosures may be compelled under defined circumstances.()
๐งพ Illustration
Scenario: A police officer tells an accused person, "If you confess to the crime, we will ensure a lighter sentence for you."(
Analysis: This statement constitutes an inducement and violates Section 354 of the BNSS, 2023. Any confession obtained under such circumstances would be inadmissible in court.(
โ ๏ธ Consequences of Violation
If an accused person's disclosure is obtained through coercion or inducement:
Inadmissibility of Evidence: The confession or information provided is generally inadmissible in court
Legal Repercussions: The individual responsible for inducing the disclosure may face legal consequences, including disciplinary actions or criminal charges.
๐ Summary Table
| Aspect | Details |
|---|---|
| Provision Name | Section 354, BNSS, 2023 |
| Purpose | To ensure voluntary disclosures by the accused without coercion |
| Key Prohibition | No threats, promises, or undue influence to induce disclosure |
| Exceptions | As provided in Sections 343 and 344 of the BNSS |
| Legal Consequences | Inadmissibility of coerced disclosures; potential legal actions against violators |
๐ Conclusion
Section 354 of the BNSS, 2023, underscores the importance of safeguarding the rights of accused individuals within the criminal justice system. By prohibiting coercive practices, it aims to ensure that any disclosures made are genuine and voluntary, thereby upholding the integrity of the legal process.
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