Section 354 of BNSS, 2023 — No Influence to be Used to Induce Disclosure

Introduction

Section 354 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects an accused person from being improperly influenced to disclose or withhold information within their knowledge. It prohibits the use of promises, threats or any other form of influence for obtaining such disclosure.

The provision is based on the principle that information from an accused should not be obtained through coercion or improper inducement. However, the section expressly recognises an exception for proceedings relating to the tender of pardon to an accomplice under Sections 343 and 344 of BNSS.

Meaning of Section 354

Section 354 provides that, except in the situations covered by Sections 343 and 344, no influence by means of any promise, threat or otherwise may be used against an accused person to induce them to disclose or withhold any matter within their knowledge.

The provision therefore protects the accused against improper pressure during criminal proceedings.

The influence prohibited by the section may take different forms. It is not limited only to an express threat or promise. The words “or otherwise” make the protection broader and cover other forms of improper influence.

Statutory Provision

Section 354 of BNSS states:

“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.”

Object and Purpose

The primary purpose of Section 354 is to ensure that an accused person is not subjected to improper influence for obtaining information.

The provision seeks to:

• protect the accused from coercion and improper inducement;
• prevent the use of threats or promises to obtain information;
• preserve the voluntary nature of disclosures made by an accused;
• protect the fairness of criminal proceedings; and
• prevent authorities or other persons from improperly manipulating an accused into revealing or suppressing information.

The provision is therefore closely connected with the protection against compelled self-incrimination.

Essential Elements

1. The Protection Applies to an Accused Person

Section 354 specifically protects an accused person.

The prohibition concerns attempts to influence an accused to disclose or withhold information within their knowledge.

2. Influence Through a Promise is Prohibited

An accused cannot be influenced through a promise for the purpose of inducing disclosure or withholding of information.

For example, an assurance of an improper benefit cannot be used as a means of making an accused reveal information.

3. Influence Through a Threat is Prohibited

Threats cannot be used to make an accused disclose or withhold a matter within their knowledge.

The protection is therefore not limited to physical threats. Any improper threat intended to influence the accused’s disclosure may fall within the prohibition.

4. Other Forms of Influence are Also Covered

The section uses the words “or otherwise” after referring to promises and threats.

Therefore, the prohibition is wider than merely preventing express promises and threats. Other forms of improper influence may also fall within the section.

5. Disclosure or Withholding of Information

The section protects the accused whether the influence is being used to make them:

• disclose a matter within their knowledge; or
• withhold a matter within their knowledge.

Thus, the provision protects against both forced disclosure and improper pressure to suppress information.

Exception under Sections 343 and 344

Section 354 begins with the words “Except as provided in sections 343 and 344.”

This creates an express statutory exception.

Section 343

Section 343 deals with the tender of pardon to an accomplice.

Section 344

Section 344 deals with the power to direct tender of pardon.

These provisions form a special statutory framework concerning an accomplice who may be offered pardon subject to specified conditions.

Therefore, Section 354 should not be read in isolation. Its prohibition is expressly subject to Sections 343 and 344.

Section 354 and Protection Against Self-Incrimination

Section 354 has a close connection with the constitutional protection contained in Article 20(3) of the Constitution of India.

Article 20(3) provides that no person accused of an offence shall be compelled to be a witness against themselves.

Section 354 reinforces this broader principle by preventing the use of promises, threats or other influence to induce an accused to disclose or withhold matters within their knowledge.

The provision therefore forms part of the procedural safeguards available to an accused during criminal proceedings.

Section 354 and Section 351 BNSS

Section 351 and Section 354 should not be confused.

Section 351

Section 351 deals with the power of the Court to examine the accused regarding circumstances appearing in the evidence against them.

Section 354

Section 354 prohibits improper influence being used to induce the accused to disclose or withhold matters within their knowledge.

The existence of the Court’s power to examine an accused under Section 351 does not mean that the accused can be subjected to prohibited influence under Section 354.

Section 354 and Section 353 BNSS

Section 353 allows an accused person to voluntarily become a competent witness for the defence.

Section 354 protects the accused against improper influence to induce disclosure or withholding of information.

Thus, Section 353 concerns the voluntary decision of the accused to give evidence, whereas Section 354 concerns protection against improper influence.

BNSS and CrPC

Section 354 of BNSS corresponds to Section 316 of the Code of Criminal Procedure, 1973.

The basic principle has been substantially retained.

Under the CrPC, Section 316 prohibited influence through promise, threat or otherwise to induce an accused to disclose or withhold matters within their knowledge, subject to the exceptions relating to Sections 306 and 307.

Under BNSS, the corresponding provision is Section 354, and the exceptions have been updated to Sections 343 and 344, which deal with the tender of pardon to an accomplice and the power to direct such tender.

The change is therefore primarily one of renumbering and corresponding cross-references, rather than a fundamental change in the underlying protection.

Relationship with BNS and BSA

The three new criminal laws have different functions:

• BNS, 2023 deals primarily with substantive criminal offences.
• BNSS, 2023 provides the procedural framework for criminal cases.
• BSA, 2023 governs the law of evidence.

Section 354 is a procedural safeguard under BNSS. Questions concerning the admissibility and evidentiary effect of particular statements may additionally involve the provisions of the Bharatiya Sakshya Adhiniyam, 2023.

Constitutional Connection

Article 20(3)

Article 20(3) protects an accused person against being compelled to be a witness against themselves.

Section 354 supports this constitutional protection by prohibiting the use of promises, threats or other influence to induce the accused to disclose or withhold matters within their knowledge.

Article 21

The provision also forms part of the broader requirement of fairness in criminal procedure under Article 21. Criminal proceedings must respect the personal liberty and procedural safeguards of the accused.

Example

Suppose A is accused of committing theft.

During the proceedings, an investigating authority tells A that A will receive a particular benefit if A reveals the location of certain property connected with the alleged offence.

If the promise is being used to improperly induce A to disclose information within A’s knowledge, Section 354 is relevant because the provision prohibits influence through promises for such a purpose, subject to the statutory exception contained in Sections 343 and 344.

Similarly, an attempt to threaten A into withholding information would also fall within the scope of the prohibition.

Important Distinctions

Promise and Threat

A promise attempts to influence the accused by offering some benefit, while a threat attempts to influence the accused through fear of a consequence. Section 354 covers both.

Disclosure and Withholding

The section does not protect only against forced disclosure. It also prohibits influence intended to make the accused withhold a matter within their knowledge.

Section 353 and Section 354

Section 353 allows the accused to voluntarily become a witness for the defence. Section 354 prevents improper influence from being used to induce disclosure or withholding of information.

Section 351 and Section 354

Section 351 permits the Court to examine the accused in accordance with the statutory procedure. Section 354 prohibits improper influence being used to induce disclosure or withholding of information.

Common Confusions

Can an accused be threatened to disclose information?

No.

Section 354 expressly prohibits the use of a threat to induce an accused to disclose or withhold a matter within their knowledge.

Does the prohibition apply only to threats?

No.

The section covers promises, threats and influence by other means.

Can an accused be influenced to withhold information?

No.

The section expressly covers attempts to induce an accused to withhold a matter within their knowledge.

Is the prohibition absolute?

Not completely.

Section 354 expressly begins with an exception for Sections 343 and 344, which concern the statutory framework relating to tender of pardon to an accomplice.

What is the corresponding CrPC provision?

The corresponding provision was Section 316 of the Code of Criminal Procedure, 1973.

Topic at a Glance

• Section: 354, BNSS, 2023
• Subject: No influence to be used to induce disclosure
• Corresponding CrPC provision: Section 316
• Protected person: Accused person
• Prohibited influence: Promise, threat or otherwise
• Purpose: Prevent improper inducement to disclose or withhold information
• Exception: Sections 343 and 344 BNSS
• Constitutional connection: Article 20(3) and Article 21
• Related provision: Section 351 BNSS concerning examination of the accused
• Nature: Procedural safeguard for the accused

Quick Revision

• Section 354 BNSS prohibits improper influence against an accused person.
• No promise, threat or other form of influence can be used to induce disclosure or withholding of a matter within the accused’s knowledge.
• The provision protects against both forced disclosure and improper suppression of information.
• The protection is subject to Sections 343 and 344 BNSS.
• Section 343 concerns tender of pardon to an accomplice.
• Section 344 concerns the power to direct tender of pardon.
• Section 354 corresponds to Section 316 of the old CrPC.
• The underlying protection has substantially continued under BNSS.
• Article 20(3) provides the constitutional background concerning protection against compelled self-incrimination.
• Section 354 should be distinguished from Section 351, which concerns examination of the accused.
• Section 354 should also be distinguished from Section 353, which permits the accused to voluntarily become a defence witness.

ALSO READ: Section 353 – Accused person to be competent witness

Conclusion

Section 354 BNSS provides an important procedural safeguard by preventing an accused person from being subjected to promises, threats or other improper influence to disclose or withhold matters within their knowledge. The provision preserves the voluntary nature of information provided by an accused and supports the constitutional protection against compelled self-incrimination. Its only express qualification is the special statutory framework under Sections 343 and 344 concerning tender of pardon to an accomplice.