Section 354 BNSS: No Influence to Be Used to Induce Disclosure

Section 354 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects an accused person from being influenced by a promise, threat or any other improper inducement to disclose or withhold a matter within his knowledge, except in the circumstances expressly covered by Sections 343 and 344.

Bharatiya Nagarik Suraksha Sanhita, 2023: Act 46 of 2023; in force from 1 July 2024.

Text of Section 354 BNSS

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.

Meaning of Section 354 BNSS

The provision places a direct restriction on the use of influence against an accused person for the purpose of obtaining or suppressing information. Its wording covers a promise, a threat and other forms of influence. The protection therefore applies not only where pressure is openly coercive, but also where an inducement is intended to cause the accused to reveal or conceal a matter within his knowledge.

Section 354 must be read with the statutory exceptions in Section 343 BNSS and Section 344 BNSS. Those provisions deal with tender of pardon to an accomplice and the power of the court to direct tender of pardon in the circumstances specified by the Sanhita.

Key Elements of Section 354

The person protected by the section is an accused person.
The prohibited conduct includes influence by promise, threat or otherwise.
The influence must be used to induce the accused to disclose or withhold a matter.
The matter must be within the knowledge of the accused.
The section expressly preserves the operation of Sections 343 and 344 relating to pardon.

Relationship with the Earlier CrPC

Section 354 BNSS corresponds to Section 316 of the Code of Criminal Procedure, 1973. The substance of the protection has been carried forward, while the cross-references have been updated to the corresponding BNSS provisions on tender of pardon.

Why the Provision Matters

Section 354 supports fairness in criminal proceedings by requiring that an accused person should not be improperly influenced to make or suppress a disclosure. It operates alongside other procedural safeguards governing examination of the accused, evidence and the conduct of criminal trials.

Note: This page explains the statutory provision for general legal information. The application of Section 354 depends on the facts and procedural stage of an individual case.

Official Sources

The text and status of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be checked on the India Code portal. The Ministry of Home Affairs also provides the official New Criminal Laws page.