No influence to be used to induce disclosure
Section 316 of the Code of Criminal Procedure, 1973 deals with 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. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
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.
Section 316, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 354 No influence to be used to induce disclosure 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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Ramcharan Meena Andanr vs State of Raj
Court's Decision & Legal Precedent
When a petitioner fails to make a required application under Section 316 CrPC due to procedural complexity and the public prosecutor's workload burden prevents proper case management, and when the case involves a simple accident matter rather than a serious criminal offense, the court may grant relief in a review petition by setting aside the punishment order, particularly where similar co-petitioners received favorable treatment.
On this section: Central to the court's reasoning; the court found that the petitioner was required to make an application under this section to alter charges, and the failure to do so was a key factor in the original dismissal, but the court considered this failure in light of public prosecutor workload
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Anasuya Ganapati Hegde vs The State of Karnataka by Its Secretary
Court's Decision & Legal Precedent
When an accused voluntarily surrenders before the trial court after conviction, the procedure prescribed under Section 418 CrPC for issuing arrest warrants does not apply. Bail granted by the Supreme Court pending appeal automatically expires upon dismissal of the appeal without requiring an express order of cancellation, as the bail order itself limits the bail to the pendency of the appeal. The Supreme Court Registry has the authority under Supreme Court Rules, 1966, to draft decrees and communicate them to trial courts for execution, and such communication does not constitute an alteration of the Supreme Court judgment. Therefore, the arrest warrant issued by the Sessions Court after receiving the Supreme Court's order was legal and did not violate the accused's constitutional rights.
On this section: Bar on altering or reviewing judgment; petitioner argued that Sessions Court issuing warrant amounted to altering Supreme Court judgment
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 316
What have the courts held on Section 316 of the Code of Criminal Procedure?
Ramcharan Meena Andanr vs State of Raj (27 Feb 2013) is the leading judgment on this section among those set out below: Central to the court's reasoning; the court found that the petitioner was required to make an application under this section to alter charges, and the failure to do so was a key factor in the original dismissal, but the court considered this failure in light of public prosecutor workload. Another 1 judgment on this section is set out below. They run from 2000 to 2013.
How do I find court cases under Section 316 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 316, section 316 CRPC, section 316 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ramcharan Meena Andanr vs State of Raj (27 Feb 2013).
What should I read with Section 316 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 306 (Tender of pardon to accomplice), section 307 (Power to direct tender of pardon), 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 354 (No influence to be used to induce disclosure), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 316 of the Code of Criminal Procedure come into force?
Section 316 of the Code of Criminal Procedure, cited as CRPC 316, 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.