Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 182: No Inducement to Be Offered
(1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023.
(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will:
- Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 184.
Brief Detail
This section prohibits police officers or persons in authority from offering inducements, threats, or promises to individuals during investigations. It emphasizes that individuals should be free to make statements voluntarily without coercion. However, it clarifies that this does not interfere with certain provisions mentioned in section 184.
Question & Answers
Q1: What does Section 182 prohibit?
A1: It prohibits police officers or other persons in authority from offering inducements, threats, or promises during investigations.
Q2: Can a police officer prevent someone from making a statement?
A2: No, a police officer cannot prevent a person from making a statement of their own free will during an investigation.
Q3: Are there any exceptions to this rule?
A3: Yes, the provision does not affect the rules outlined in sub-section (4) of section 184.
Q4: What is the significance of this section?
A4: It ensures that statements made during investigations are voluntary and not influenced by coercive tactics.
Example
- A police officer cannot threaten a suspect to confess to a crime or offer a reward for information during an investigation.
- If a witness wants to provide a statement voluntarily, a police officer cannot stop them or discourage them from doing so.
- If the police were to offer a deal for leniency in exchange for information, it would violate this section.
Summary
Section 182 of the Bharatiya Nagarik Suraksha Sanhita, 2023 emphasizes the importance of voluntary statements in police investigations. It strictly prohibits any form of inducement or coercion by police officers or authorities, ensuring that individuals can make statements freely without influence. This section underscores the commitment to fair investigative practices while noting specific exceptions related to other legal provisions.
