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Report No. 152

3.23. Section 163: Prohibition of inducements.-

Taking note of the fact that a person in custody may be subjected to subtle influences to make a confession, section 163(1) of the Code expressly provides that 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. For convenience, we quote section 24 of the Evidence Act below:-

"24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding-A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise, having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him."

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