Section 232 BNS: Threatening Any Person to Give False Evidence (Formerly Section 195A IPC)

Section 232 of Bharatiya Nyaya Sanhita: Threatening Any Person to Give False Evidence (Witness Tampering)

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

(2) If innocent person is convicted and sentenced in consequence of false evidence referred to in sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.

Legal Commentary & Landmark Judgments: Section 232

Section 232 criminalises threatening, coercing, or inducing any person to give false evidence, addressing the menace of witness tampering and intimidation.

Threat or Inducement: Offering a threat of injury to person, reputation, or property, or offering an unlawful bribe/inducement.
Targeted Witness: Directed at any person who is or may be a witness in any legal proceeding.
Unlawful Object: With intent to cause that witness to give false evidence or retract truthful testimony.

Key Landmark Precedents:

Mahender Chawla v. Union of India (2019) 14 SCC 615: The Supreme Court hailed witness protection as the bedrock of fair trial, directing urgent registration of offences against individuals threatening or coercing witnesses.
State of U.P. v. Shambhu Nath Singh (2001) 4 SCC 667: Lamented the frequent adjournments leading to witness intimidation and hostile turncoats, demanding immediate action against intimidators.

Courtroom Practice & Strategic Litigation Guidance:

Section 232 is a cognizable offence. Victims or witnesses facing threats should immediately file an FIR under Section 232 and simultaneously petition the Sessions Judge under the Witness Protection Scheme for armed security and camera trials.

Section 232: Threatening Any Person to Give False Evidence

Section 232 of Bharatiya Nyaya Sanhita: Threatening Any Person to Give False Evidence (Witness Tampering)

Legal Commentary & Landmark Judgments: Section 232