No inducement to be offered
Section 163 of the Code of Criminal Procedure, 1973 deals with no inducement to be offered. 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). The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
Section 163, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 182 No inducement to be offered Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer
Court's Decision & Legal Precedent
Officers designated under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are 'police officers' within the meaning of Section 25 of the Indian Evidence Act, 1872. Consequently, any confessional statement made to such officers is barred from being used as evidence under Section 25 of the Evidence Act. Additionally, a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act, as Section 67 is limited to calling for information and examining persons during an inquiry antecedent to investigation, not for recording confessions as substantive evidence.
On this section: No inducement to be offered to persons making statements
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Bablu Kumar @ Bablu Singh vs The Union of India Thorugh the Director
Court's Decision & Legal Precedent
In cases involving NDPS Act offences where commercial quantity of narcotic drugs is recovered and the accused's own statement under Section 163 CrPC indicates involvement in drug peddling, anticipatory bail should be denied as the gravity of the offence and strength of evidence against the accused warrant his custody for investigation and prosecution.
On this section: The petitioner's statement recorded under Section 163 CrPC was considered by the court as evidence of his involvement in drug peddling, which influenced the court's decision to deny anticipatory bail.
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Shanu @ Asgar Ali S/o Mohammad Rashid vs State of Rajasthan
Court's Decision & Legal Precedent
When an accused's statement recorded under Section 163 Cr.P.C. during investigation reveals involvement in drug peddling, the subsequent addition of the accused's name to the FIR constitutes sufficient grounds to deny bail, as the investigative evidence establishes the accused's culpability in the offence.
On this section: Recording of statements during investigation; the statement recorded under this section was used as basis for adding petitioner's name to FIR
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 163
What have the courts held on Section 163 of the Code of Criminal Procedure?
Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer (29 Oct 2020) is the leading judgment on this section among those set out below: No inducement to be offered to persons making statements. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2020 to 2022.
How do I find court cases under Section 163 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 163, section 163 CRPC, section 163 of the Code of Criminal Procedure. People searching for it also type crpc 163 in bnss and crpc 163 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer (29 Oct 2020).
What should I read with Section 163 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 164 (Recording of confessions and statements), Indian Evidence Act 24 (Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 182 (No inducement to be offered), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 163 of the Code of Criminal Procedure come into force?
Section 163 of the Code of Criminal Procedure, cited as CRPC 163, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.