Section 316 CrPC: No influence to be used to induce disclosure

Code of Criminal Procedure, 1973

Section 316 CrPC at a Glance

Section 316 CrPC deals with no influence to be used to induce disclosure. From 1 July 2024 it is replaced by Section 354 BNSS.

What Section 316 CrPC Says

316. No influence to be used to induce disclosure

Except as provided in sections 306 and 307, 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.

Source: Section 316, Code of Criminal Procedure, 1973

Section 316 CrPC in Simple Words

Section 316 of the Code of Criminal Procedure, 1973 provides that, except as provided in Section 306 CrPC and Section 307 CrPC, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce the accused person to disclose or withhold any matter within the knowledge of the accused person.

When Section 316 CrPC Applies

  • Section 316 CrPC says no influence, by means of any promise or threat or otherwise, shall be used to an accused person.
  • The influence in question is influence used to induce the accused person to disclose or withhold any matter within the knowledge of the accused person.
  • The exception is as provided in Section 306 CrPC and Section 307 CrPC.

Example of Section 316 CrPC

A person tells Vijay, an accused person, that a favour will be done for Vijay if Vijay discloses a matter within the knowledge of Vijay. That is influence by means of a promise, used to induce the accused person to disclose a matter. Section 316 CrPC says no such influence shall be used, except as provided in Section 306 CrPC and Section 307 CrPC.

When Section 316 CrPC Does Not Apply

  • Section 316 CrPC speaks of influence used to induce an accused person to disclose or withhold a matter. It does not deal with the power to examine the accused, the subject of Section 313 CrPC.
  • Section 316 CrPC speaks of influence used to an accused person. It does not deal with the accused person as a competent witness, the subject of Section 315 CrPC.

Section 316 CrPC Under BNSS 354: What Changed

Section 316 CrPC is now covered under Section 354 BNSS.

Section 354 BNSS has the same heading as Section 316 CrPC, No influence to be used to induce disclosure. The text is the same, except that Section 354 BNSS refers to Section 343 BNSS and Section 344 BNSS where Section 316 CrPC referred to Section 306 CrPC and Section 307 CrPC.

View detailed comparison (CrPC 316 vs BNSS 354) โ†’

FAQs on Section 316 CrPC

What does Section 316 CrPC say about a promise or threat?โ–ผ

No influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce the accused person to disclose or withhold any matter within the knowledge of the accused person.

Is there an exception in Section 316 CrPC?โ–ผ

Yes. The section begins with the words except as provided in Section 306 CrPC and Section 307 CrPC.

Whom does Section 316 CrPC concern?โ–ผ

An accused person. The influence is used to induce the accused person to disclose or withhold any matter within the knowledge of the accused person.

Where is Section 316 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?โ–ผ

Section 316 CrPC has no sub-sections, and maps as a whole to Section 354 BNSS. Section 354 BNSS refers to Section 343 BNSS and Section 344 BNSS where Section 316 CrPC referred to Section 306 CrPC and Section 307 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 ยท Last updated: 20 Oct 2026 ยท