Launch offer — up to 85% off across all services | Free Educational Brief with every drafting order | Claim it →

Bharatiya Nyaya Sanhita, 2023 Chapter XIV · Of False Evidence and Offences Against Public Justice
← Previous Section 232 of 358 Next →
Bharatiya Nyaya Sanhita, 2023 — Section 232

Threatening Any Person to Give False Evidence

Section 232 punishes, under sub-section (1), whoever threatens another with any injury to their person, reputation, or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause that person to give false evidence, with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Under sub-section (2), if an innocent person is convicted and sentenced to death or to imprisonment for more than seven years in consequence of such false evidence, the person who made the threat is punished with the same punishment and sentence, in the same manner and to the same extent, as that innocent person.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

The National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) maps Section 232 to old IPC Section 195A. A search of the text of the Indian Penal Code, 1860 consulted for this page found no occurrence of "195A"; that text runs directly from the end of old Section 195 (including its statutory Illustration) straight into old Section 196 ("Using evidence known to be false"), with no Section 195A appearing in between at all. The provision the concordance names is therefore not printed in the text consulted.

BNS sectionIPC, 1860 equivalentCategory
232195A (text not in the IPC edition consulted)Sourcing gap

Sourcing gap: a reliable statutory-text comparison cannot be completed for this section because the text of old IPC Section 195A is not printed in the IPC text consulted.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: sub-section (1) — imprisonment for 7 years, or fine, or both; cognizable, non-bailable, triable by the court by which the offence of giving false evidence is triable; sub-section (2) — “the same as for the offence” (the offence of which the innocent person is convicted and sentenced); cognizable, non-bailable, triable by the court by which the offence of giving false evidence is triable. Not compoundable: Section 232 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Statutory Text (Verbatim)

(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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Sub-section (1) — threatening a person to induce false evidence

Explanation (Lexovia's Commentary)

Whoever threatens another with injury to their person, reputation, or property—or to a person or the reputation of someone the threatened person is interested in—with the intent to cause the threatened person to give false evidence, falls within this sub-section.

Illustration (Lexovia's Own Example)
A person threatens to harm a witness's family member unless the witness falsely testifies in a pending trial. This falls within sub-section (1).

Sub-section (2) — where the resulting false evidence causes a severe wrongful sentence

Explanation (Lexovia's Commentary)

Where the false evidence procured by the threat under sub-section (1) results in an innocent person being convicted and sentenced to death or to imprisonment for more than seven years, the person who made the threat faces the same punishment and sentence as that innocent person, in the same manner and to the same extent.

Illustration (Lexovia's Own Example)
Following the scenario in sub-section (1)'s illustration, the falsely accused person is in fact convicted and sentenced to ten years' imprisonment as a direct consequence of the coerced false testimony. This falls within sub-section (2).
Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

What is the punishment under sub-section (1)?

Imprisonment of either description for a term which may extend to seven years, or fine, or both.

What happens if the coerced false evidence leads to a severe wrongful conviction?

Under sub-section (2), if the innocent person is convicted and sentenced to death or to more than seven years' imprisonment as a result, the person who made the threat is punished with that same punishment and sentence.

What changed compared to the old law?

This comparison is currently flagged as a sourcing gap: the National Crime Records Bureau's concordance maps this section to old IPC Section 195A, but that provision is not printed in the text of the Indian Penal Code, 1860 consulted for this page, so no comparison of the two texts could be made.

← Previous Section 232 of 358 Next →
Spotted something that looks outdated because of a recent amendment, mismatched, or just a typographical error? Email us or message us on Instagram — it helps us keep this page accurate for everyone who reads it after you.