Introduction to Section 182 BNSS
Section 182 BNSS is part of the Bharatiya Nagarik Suraksha Sanhita, 2023, and deals with the way statements are taken during investigations. It strictly prohibits police or any authority from offering inducements or using threats to get statements. This law supports fair, voluntary, and pressure-free investigations.
What is BNSS Section 182 ?
BNSS Section 182 is a legal rule that prevents police or other officials from forcing, threatening, or promising benefits to people during investigation to make them speak or confess. It ensures that people speak out of free will, not under any pressure or influence.
BNSS Section of 182 in Simple Points
1. No Threats or Promises Allowed by Police
BNSS Section 182 clearly says that police officers or any authority figure cannot give any kind of threat, promise, or offer to someone during an investigation. For example, a police officer cannot say, “If you tell us what happened, we will release you,” or “If you don’t talk, we will arrest you.” These kinds of pressures are not allowed by law, ensuring that every statement is given voluntarily.
2. Linked to Bharatiya Sakshya Adhiniyam Section 22
This section is closely connected to Section 22 of the Bharatiya Sakshya Adhiniyam, 2023, which defines what is meant by inducements, threats, and promises. According to that law, any statement made under pressure or with the hope of a benefit is not reliable. BNSS 182 supports this by clearly stating that such actions are not permitted during police investigations.
3. Freedom to Speak Voluntarily
Even though police can’t force someone to speak, they also cannot stop anyone from speaking voluntarily. If a person is willing to give information during an investigation out of their own free will, the police cannot stop them or caution them unnecessarily. This ensures that people can share what they know truthfully, without fear or influence.
4. Protects Fairness in Investigation
This section helps in keeping the investigation fair and honest. It ensures that no one is tricked or scared into giving a false or forced statement. Every person has the right to speak without pressure, and this rule maintains that right by law. It also helps the court to get genuine and trustworthy information during trials.
5. Exception Mentioned
BNSS Section 182 also includes a small proviso (exception). It says that this rule does not affect Section 183(4) of BNSS. This means if there is any special condition or rule mentioned in Section 183(4), it will still apply. So, while Section 182 prevents pressure or promises, it still respects other legal provisions where required.
Section 182 of BNSS Overview
BNSS Section 182 ensures that no police officer or authority can force, threaten, or offer rewards to get a statement from a person during an investigation. It protects individuals from being pressured and allows them to speak only if they wish to, ensuring statements are voluntary and fair.
10 Key Points of BNSS 182 Explained in Detail
1. Purpose of BNSS Section 182
The main goal of BNSS Section 182 is to protect individuals from being forced or manipulated into giving statements during police investigations. It ensures that any information provided is done freely and truthfully. This promotes fair investigation practices and protects citizens’ rights. The law prevents misuse of power by the police. It keeps the process transparent and honest. In short, Section 182 aims to make justice clean, pressure-free, and fair. It also supports the idea that truth must come voluntarily, not by force. This makes the legal system more trustworthy.
2. No Inducement or Promise Allowed
Under this section, police or any person in authority are not allowed to make any offer or promise to the person being questioned. For example, they can’t say “You’ll get bail if you confess,” or “Help us and we’ll protect you.” Such tactics can lead to false confessions and injustice. The law stops this by banning any kind of reward or benefit-based statements. It ensures statements are not influenced by personal gain. This helps prevent manipulation and keeps investigations neutral. So, truth must be told without expecting any favour in return.
3. No Threat or Pressure to Speak
The section also strictly prohibits the use of threats during police questioning. A police officer cannot threaten arrest, harm, or legal trouble to force someone to speak. Threats may cause fear, resulting in untrue or misleading statements. BNSS Section 182 clearly blocks this practice to protect innocent people. It ensures that a person talks only if they choose to. Police must behave respectfully and avoid using forceful language. This protects human dignity and legal rights during investigation.
4. Support from Bharatiya Sakshya Adhiniyam Section 22
BNSS 182 is linked with Section 22 of the Bharatiya Sakshya Adhiniyam, 2023, which defines what “inducement, threat, or promise” means. This helps explain what actions are legally wrong during questioning. If any statement is made under such influence, it becomes unreliable in court. So, Section 182 and Section 22 together protect the value of true, voluntary information. This link ensures there are no loopholes in the system. It strengthens both the investigation and the legal outcome.
5. No Stopping a Voluntary Statement
While the police can’t force a statement, they also cannot stop a person from giving a voluntary one. If someone wants to tell the truth, they must be allowed to speak. Police can’t stop or scare them into silence. This protects freedom of expression in investigations. The law supports the balance—no pressure to speak, and no block on voluntary truth. This ensures fair participation from both police and the individual. It keeps the process open and lawful.
6. Encourages Honest Investigation
Section 182 ensures that only genuine and honest information is collected during investigations. When people are not scared or tempted, they are more likely to speak the truth. This avoids confusion, delays, and wrong decisions in court. It also improves the overall quality of evidence. Police officers are trained to follow legal methods, not shortcuts. This strengthens public trust in police and the justice system. The law aims to stop manipulation and make justice real and reliable.
7. Focuses on Human Rights
The section is a powerful tool to protect human rights. It prevents misuse of authority and protects people from mental or emotional abuse during investigation. Everyone has the right to remain silent or speak without fear. BNSS 182 reminds officers of that. It keeps the investigation respectful and lawful. When laws protect basic dignity, it helps the legal system look more fair and balanced. This law acts like a safety cover for common citizens facing police investigations.
8. Helps Judges Trust Evidence
When statements are taken without pressure, judges can trust them more during the trial. If a statement is made under pressure, the court may reject it. So, Section 182 increases the credibility of the evidence collected. It ensures that only fair and clean statements become part of the case. This avoids false convictions and protects innocent people. Courts rely heavily on police work, and this law ensures that their work stays within the law.
9. Applies to All Authorities, Not Just Police
The rule doesn’t just apply to police officers. Any authority figure involved in investigation—like government officers or special agencies—must also follow this. No one can use fear or false promises to collect statements. This broad application strengthens the rule’s impact. It sends a clear message that truth must come without pressure, no matter who is investigating. Everyone in power must act responsibly during legal procedures. The rule is equal for all, ensuring accountability.
10. Exceptions Mentioned in Law
The only exception to this rule is connected to Section 183(4) of BNSS, which will apply even if it seems different. This means that in some special legal circumstances, there might be other rules. However, in general, Section 182 ensures statements are pressure-free. The exception clause reminds us to consider all legal angles. But overall, the law supports fair and voluntary truth-telling. It ensures investigation integrity while still respecting related legal provisions.
Example 1:
A police officer tells a suspect, “If you confess, I’ll make sure you get bail.” This is not allowed under BNSS 182 because it’s a form of inducement. Any statement made like this can be rejected in court.
Example 2:
During investigation, a person is willing to tell the truth without being asked or threatened. The police cannot stop him or scare him into silence. As per BNSS 182, he has the right to speak freely if he wishes to.
Section 182 of BNSS Short Information
| S.No. | Question (using simple words) | Answer (clear and short) |
|---|---|---|
| 1 | What does BNSS Section 182 stop the police from doing? | It stops police from using threats, pressure, or rewards to make someone give a statement. |
| 2 | Can the police force someone to speak during investigation? | No, statements must be made only if the person wants to speak willingly. |
| 3 | Is it legal for a police officer to offer bail in exchange for confession? | No, this is not allowed under BNSS 182. |
| 4 | What if a person wants to speak freely during investigation? | The police must allow it; they cannot stop or scare the person. |
| 5 | Does BNSS 182 protect against forced confessions? | Yes, it ensures all statements are made voluntarily, not under pressure. |
Why BNSS Section 182 is Needed ?
1. To Prevent Misuse of Power
Police officers and authorities have a lot of power during investigations. Without rules like BNSS Section 182, there is a risk they may misuse this power to force someone to speak or confess. This section ensures they follow the law and treat everyone fairly.
2. To Protect the Rights of the Accused or Witness
Even if someone is accused of a crime, they still have basic rights. BNSS 182 protects those rights by making sure that any statement given during an investigation is done without fear or pressure. It helps maintain human dignity during legal procedures.
3. To Ensure Fairness in Investigations
When a person speaks under fear or promise, the truth may not come out. BNSS 182 ensures that only voluntary statements are accepted, so the investigation stays honest and fair. This helps in finding the real facts and justice.
4. To Avoid False Confessions and Misjudgment
Many times, innocent people confess just to escape pressure or threats. This leads to wrong people being punished. BNSS Section 182 helps avoid such situations by banning inducement and threats, thus supporting true justice.
5. To Follow Legal and Ethical Standards
This law aligns with modern legal and ethical standards that protect personal freedom. It shows that Indian laws are moving towards fairness, where no one can be tricked or pressured into giving a statement during investigations.
BNSS Section 182 FAQs
BNSS 182
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