Indian Criminal Procedure | Updated 18 October 2026

CrPC Section 316 and BNSS Section 354: No Influence to Induce Disclosure

Section 316 of the Code of Criminal Procedure, 1973 (CrPC) protected an accused person against improper influence intended to make the person disclose or withhold information. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 354, which retains the same substantive protection.

Current legal position: The BNSS came into force on 1 July 2024. Section 354 is the corresponding provision for proceedings governed by the new law. Section 531 of the BNSS contains repeal and savings rules relevant to proceedings pending before commencement.

Text of Section 316 of the CrPC, 1973

316. No influence to be used to induce disclosure. Except as provided in sections 306 and 307, 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.

Section 354 of the BNSS, 2023: Current Corresponding Law

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.

The main textual change is the reference to the new provisions governing tender of pardon to an accomplice: BNSS Sections 343 and 344 replace the references to CrPC Sections 306 and 307.

Meaning and Legal Protection

The provision prohibits attempts to pressure an accused person into revealing information or concealing information within the accused person's knowledge. The prohibited influence can take the form of a promise, threat or another improper inducement. Its wording covers influence aimed at either disclosure or withholding of information.

For example, a person must not be threatened with an adverse consequence merely to induce a disclosure, nor promised an unauthorised benefit to suppress information. Whether particular conduct violates the law depends on the facts and the applicable statutory framework.

Exceptions: Tender of Pardon to an Accomplice

CrPC Sections 306 and 307

Section 306 provided for tender of pardon to an accomplice in specified cases, generally subject to a condition of full and true disclosure. Section 307 empowered the competent court to tender pardon after commitment of a case but before judgment, on the prescribed condition.

BNSS Sections 343 and 344

Section 343 deals with tender of pardon to an accomplice; Section 344 concerns the power to direct tender of pardon. These are statutory procedures, not a general licence to threaten or coerce an accused person. The exception in Section 354 must be read within their specific legal conditions.

Relationship with Other Rights and Rules

Article 20(3) of the Constitution: No person accused of an offence shall be compelled to be a witness against himself. This constitutional protection is distinct from, but relevant to, the prohibition on inducement in criminal procedure.

Evidence law: The admissibility of a confession or statement also depends on the Bharatiya Sakshya Adhiniyam, 2023, where applicable, and on constitutional safeguards. Section 354 alone does not determine whether a particular statement is admissible.

Application After 1 July 2024

The CrPC was repealed by the BNSS, subject to its savings provisions. Section 531 must be considered when determining the procedure applicable to a pending investigation, inquiry, trial, appeal or application. It is therefore important not to assume that the date of a hearing alone determines which procedural code applies.

Official Legal References

Frequently Asked Questions

Which BNSS section corresponds to CrPC Section 316?

Section 354 of the BNSS, 2023, corresponds to CrPC Section 316.

Does the law prohibit both threats and promises?

Yes. The provision expressly refers to promises, threats and other forms of influence intended to induce an accused person to disclose or withhold information.

Are there exceptions?

Yes. The provision expressly refers to the statutory tender-of-pardon procedures under BNSS Sections 343 and 344 (previously CrPC Sections 306 and 307).

Can CrPC Section 316 still be relevant?

Yes. It may remain relevant to proceedings governed by the repeal-and-savings provisions of BNSS Section 531.

This article is general legal information. Consult the applicable statute and qualified legal counsel for case-specific advice.