Code
(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 24 of the Indian Evidence Act, 1872 (1 of 1872).
(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 164.
Explain it
Section 163 CrPC explicitly states that no police officer can induce, threaten, or promise anything to a person in their custody to compel a confession. This provision aims to ensure that any confession obtained from a person in custody is voluntary and not coerced.
The following actions are strictly prohibited under this section:
- Offering rewards or benefits for confessing
- Threatening with harm or punishment for refusing to confess
- Making promises of leniency or lighter punishment in exchange for a confession
Illustrate it
Let’s say a suspect is arrested for theft. The investigating officer tries to get the suspect to confess by offering him a lighter sentence if he confesses. This would be a violation of Section 163 CrPC as it constitutes an inducement.
Common Questions and Answers
Q. What are the consequences of violating Section 163 CrPC?
A. The confession obtained through inducement, threat, or promise is considered inadmissible in court. The officer can also face disciplinary action or even criminal charges.
Q. Can a confession made in the presence of a lawyer be considered valid?
A. Yes, if the confession is made in the presence of a lawyer and the suspect is aware of their rights, it can be considered valid. However, the lawyer must ensure that the confession is voluntary and not coerced.
Q. What if the accused person confesses willingly without any inducement?
A. If the confession is made willingly and voluntarily, without any pressure or coercion, it can be admitted as evidence in court.
