Section 163 CrPC: No inducement to be offered

Code of Criminal Procedure, 1973

Section 163 CrPC at a Glance

Section 163 CrPC deals with no inducement to be offered. From 1 July 2024 it is replaced by Section 182 BNSS.

Now BNSS

Section 182 →

What Section 163 CrPC Says

163. 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 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.

Source: Section 163, Code of Criminal Procedure, 1973

Section 163 CrPC in Simple Words

Section 163 of the Code of Criminal Procedure, 1973 deals with inducement, threat or promise in an investigation. Under Section 163(1) CrPC, a police officer or other person in authority shall not offer or make any inducement, threat or promise of the kind mentioned in section 24 of the Indian Evidence Act, 1872. Nor shall the police officer or other person in authority cause such an inducement, threat or promise to be offered or made.

Under Section 163(2) CrPC, no police officer or other person shall prevent a person from making a statement in the course of any investigation under Chapter XII of the Code. This bars preventing the statement by a caution or by any other means. The statement is one that the person may be disposed to make of the person's own free will.

The proviso says that nothing in Section 163(2) CrPC shall affect the provisions of Section 164(4) CrPC.

When Section 163 CrPC Applies

  • Section 163(1) CrPC applies to a police officer or other person in authority.
  • That police officer or other person in authority shall not 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.
  • Section 163(2) CrPC applies to a police officer or other person.
  • That police officer or other person shall not prevent, by any caution or otherwise, any person from making in the course of any investigation under Chapter XII of the Code any statement which he may be disposed to make of his own free will.
  • The proviso says that nothing in Section 163(2) CrPC shall affect the provisions of Section 164(4) CrPC.

Example of Section 163 CrPC

Vikram, a police officer, is making an investigation under Chapter XII of the Code. Under Section 163(1) CrPC, Vikram shall not 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. Under Section 163(2) CrPC, Vikram shall not prevent, by any caution or otherwise, Priya from making in the course of the investigation any statement which Priya may be disposed to make of Priya's own free will.

When Section 163 CrPC Does Not Apply

  • Section 163(1) CrPC speaks of offering or making an inducement, threat or promise. It does not deal with an inducement, threat or promise offered by a person who is not in authority.
  • Section 163(2) CrPC speaks of a statement made in the course of any investigation under Chapter XII of the Code. It does not deal with a statement made in the course of a trial.

Section 163 CrPC Under BNSS 182: What Changed

Section 163 CrPC is now covered under Section 182 BNSS.

Section 182 BNSS has the same heading and the same text as Section 163 CrPC. Section 182(1) BNSS refers to Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 163(1) CrPC referred to Section 24 of the Indian Evidence Act, 1872. The proviso to Section 182(2) BNSS refers to Section 183(4) BNSS where the proviso to Section 163(2) CrPC referred to Section 164(4) CrPC.

View detailed comparison (CrPC 163 vs BNSS 182) →

FAQs on Section 163 CrPC

Who may not offer an inducement, threat or promise under Section 163 CrPC?▼

Section 163(1) CrPC says 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.

May a police officer prevent a person from making a statement under Section 163 CrPC?▼

Section 163(2) CrPC says no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under Chapter XII of the Code any statement which he may be disposed to make of his own free will.

What does the proviso to Section 163(2) CrPC say?▼

The proviso says that nothing in Section 163(2) CrPC shall affect the provisions of Section 164(4) CrPC.

Where is Section 163 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 163(1) CrPC is found in Section 182(1) BNSS and Section 163(2) CrPC, with its proviso, in Section 182(2) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·