Section 216 BNSS: Procedure for witnesses in case of threatening, etc (Formerly Section 195A CrPC)

Section 216 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure for witnesses in case of threatening, etc

Official Bare Act Text

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

A witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 216

Section 216 provides the specialized complaint procedure for witnesses who are subjected to threats, coercion, or inducement under Section 232 BNS (threatening any person to give false evidence), empowering the witness to file a direct complaint.

Threatened Witness Protection: Applies to any person who is threatened or induced to give false evidence.
Direct Complaint Mechanism: Witness may present a formal complaint directly to the court trying the primary offence, or to the CJM.
Summary Transfer to Magistrate: The receiving court forwards the complaint to a competent magistrate for immediate trial under Section 232 BNS.

Key Landmark Precedents:

Mahender Chawla v. Union of India (2019) 14 SCC 615: The Supreme Court held that witness protection and immediate prosecution of intimidators under Section 195A CrPC (Section 216 BNSS) is the foundation of a fair trial.
State of U.P. v. Shambhu Nath Singh (2001) 4 SCC 667: Affirmed that courts must promptly act on complaints of witness tampering to prevent hostile retractions.

Courtroom Practice & Strategic Litigation Guidance:

If your witness is intimidated by the accused or their gangsters outside court, immediately file a sworn application under Section 216 BNSS before the trial judge, requesting both criminal committal of the intimidator and police security under the Witness Protection Scheme.