Indian criminal procedure | Updated October 2026

Section 163 CrPC and Section 182 BNSS: No Inducement to Be Offered

Police officers and other persons in authority must not use prohibited inducements, threats or promises to obtain statements or confessions during criminal investigations. Section 163 of the Code of Criminal Procedure, 1973 (CrPC) is now principally reflected in Section 182 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current law: The BNSS came into force on 1 July 2024. Section 182 BNSS applies under the new procedural framework; Section 163 CrPC remains relevant to proceedings saved by the repeal and savings provisions of Section 531 BNSS. The applicable regime depends on the facts and procedural history of the case.

What does Section 182 BNSS provide?

Section 182(1): No prohibited inducement, threat or promise

No police officer or other person in authority may offer, make or cause to be offered or made an inducement, threat or promise of the kind referred to in Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). This rule protects the voluntariness of statements and confessions.

Section 182(2): Voluntary statements are not prohibited

A police officer or another person must not, by caution or otherwise, prevent someone from making a statement during investigation that the person wishes to make of their own free will. This permission remains subject to Section 183(4) BNSS, which sets safeguards for the recording of confessions by a Magistrate.

What was Section 163 CrPC?

The earlier provision was titled No inducement to be offered and contained two substantive safeguards:

Sub-section (1): A police officer or other person in authority could not offer or arrange an inducement, threat or promise described in Section 24 of the Indian Evidence Act, 1872.
Sub-section (2): Police could not prevent a person from voluntarily making a statement during investigation. This was subject to Section 164(4) CrPC.

The new Section 182 BNSS largely carries forward these principles while replacing references to the former Evidence Act and CrPC with the corresponding BSA and BNSS provisions.

Meaning of inducement, threat, coercion and promise

Inducement means an improper incentive capable of influencing a person's decision to confess. A threat is pressure involving a feared adverse consequence. Coercion involves compulsion or oppressive pressure. A promise may involve an assurance of advantage or leniency intended to influence a confession.

Under Section 22 BSA, a confession caused by an inducement, threat, coercion or promise relating to the charge, proceeding from a person in authority, may be irrelevant where the statutory conditions are satisfied. The court assesses the circumstances and the effect of the pressure on the accused. The section also contains qualifications relating to removal of the impression and certain other circumstances.

Section 163 CrPC and Section 182 BNSS: Corresponding provisions

Earlier law	Current corresponding law	Subject
Section 163(1) CrPC	Section 182(1) BNSS	Prohibition on inducement, threat or promise
Section 163(2) CrPC	Section 182(2) BNSS	Protection of statements made voluntarily
Section 24, Indian Evidence Act	Section 22 BSA	Confessions affected by improper influence
Section 164(4) CrPC	Section 183(4) BNSS	Safeguards relating to Magistrate-recorded confessions

Practical application during police investigation

For example, an investigating officer must not tell a suspect that a confession will automatically secure release or that refusal to confess will result in unlawful punishment. Conversely, a person who independently wishes to provide information may do so, subject to the legal safeguards governing statements and confessions.

A voluntary statement to the police is not automatically admissible as a confession. Separate rules, including Section 23 BSA concerning confessions to police officers and Section 181 BNSS concerning the use of police statements, must also be considered.

Frequently asked questions

Which BNSS section corresponds to Section 163 CrPC?

Section 182 BNSS, titled No inducement to be offered.

Can police promise benefits in exchange for a confession?

Police and other persons in authority cannot make the prohibited inducements, threats or promises described in Section 182 BNSS read with Section 22 BSA.

Can someone make a statement voluntarily?

Yes. Section 182(2) BNSS protects the opportunity to make a statement of one's own free will, subject to the applicable rules governing recording and admissibility.

Is a confession made to a police officer admissible?

Ordinarily, a confession made to a police officer cannot be proved against an accused under Section 23 BSA, subject to the statutory provisions concerning information leading to discovery and other applicable rules. A Magistrate-recorded confession is governed by Section 183 BNSS.

Official legal sources

This article is for general legal information. Application of the transitional provisions, admissibility rules and safeguards depends on the facts of each case.