Section 195A CrPC: Procedure for Witnesses Threatened to Give False Evidence

Section 195A of the Code of Criminal Procedure, 1973 permitted a witness or any other person to file a complaint concerning an offence under Section 195A of the Indian Penal Code. Its corresponding provision under the current criminal procedure law is Section 216 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), read with Section 232 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Text of Section 195A CrPC, 1973

Heading: Procedure for witnesses in case of threatening, etc.

Legislative history: Section 195A CrPC was inserted by Section 17 of Act 5 of 2009, with effect from 31 December 2009. It provided an express complaint mechanism for witness intimidation covered by the corresponding IPC offence.

Section 216 BNSS: Current Corresponding Provision

Section 216 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Procedure for witnesses in case of threatening, etc.", states:

In practical terms, the provision recognises that a complaint may be made not only by the threatened witness but also by another person. It should be read with the applicable rules governing complaints, cognizance and criminal proceedings.

What Is the Offence Under Section 232 BNS?

Section 232 BNS deals with threatening a person to give false evidence. It addresses threats of injury to a person, reputation or property, or to someone in whom that person is interested, when intended to cause that person to give false evidence. The statutory provision also prescribes punishment and addresses situations where false evidence is actually given because of the threat.

Section 232 BNS corresponds broadly to the former Section 195A IPC. The offence-creating provision and the complaint-enabling provision are distinct: Section 232 BNS defines the criminal wrongdoing, while Section 216 BNSS identifies who may complain about it.

CrPC and BNSS: Relevant Sections

How Can a Threatened Witness Make a Complaint?

A person facing a threat intended to procure false evidence should preserve messages, call details, correspondence, witness information and other lawfully obtained material. A complaint should describe the threat, the persons involved, its connection with the evidence and any available supporting material.

Depending on the facts and the applicable procedural route, the person may approach the police or the competent Magistrate, and may inform the court where the related proceeding is pending. A request for appropriate protective measures may also be made. The competent authority and precise procedure depend on the offence classification and circumstances; Section 216 BNSS does not itself prescribe every filing step or guarantee any particular protective order.

Witness Protection and Court Proceedings

Threatening witnesses undermines the administration of justice. Where intimidation creates a safety risk, the affected person may seek assistance under the applicable witness protection framework and relevant judicial directions. Protection requests should clearly explain the nature and immediacy of the risk and should not be treated as a substitute for reporting the alleged offence.

Which Law Applies After 1 July 2024?

The BNSS repealed the CrPC, subject to its savings provisions, particularly Section 531 BNSS. The BNS separately replaced the IPC subject to its own repeal-and-savings framework. A proceeding already pending before commencement may require continued application of the earlier procedure, while the date of the alleged threat matters in identifying the substantive offence. Do not automatically substitute new section numbers in an older case without examining the dates and applicable savings clauses.

Frequently Asked Questions

Can someone other than the witness file a complaint?

Yes. Both Section 195A CrPC and Section 216 BNSS expressly refer to a witness or any other person filing a complaint concerning the specified offence.

Is Section 195A CrPC still the current provision?

For the new procedural regime, the corresponding provision is Section 216 BNSS. The old CrPC provision remains relevant to historical matters and proceedings governed by savings provisions.

Are Section 195A CrPC and Section 195A IPC the same?

No. Section 195A CrPC concerned the right to complain. Section 195A IPC defined the substantive offence of threatening a person to give false evidence. Their corresponding current provisions are Sections 216 BNSS and 232 BNS respectively.

Official Statutory Sources

Consult the India Code record for the BNSS, the official BNSS text (PDF), the Ministry of Home Affairs criminal laws portal, and the official CrPC-BNSS section comparison table.

This article provides general legal information, not advice on an individual case. Consult the applicable statutory text and a qualified legal professional before initiating proceedings.