Indian criminal law | Updated 29 October 2026

IPC Section 195A and BNS Section 232: Threatening a Person to Give False Evidence

Threatening a witness or another person to induce false evidence is a serious offence affecting the administration of justice. The present provision is Section 232 of the Bharatiya Nyaya Sanhita, 2023 (BNS), corresponding to Section 195A of the Indian Penal Code, 1860 (IPC). The BNS generally took effect on 1 July 2024; the date of the alleged conduct and applicable saving provisions remain important.

At a glance: Under BNS Section 232(1), threatening a person with the specified injury with intent to make that person give false evidence is punishable with imprisonment of either description up to seven years, or fine, or both. Section 232(2) provides a substantially more severe consequence when the threat leads to an innocent person being convicted and sentenced to death or imprisonment for more than seven years.

1. Legal definition under BNS Section 232

Section 232(1) applies where a person threatens another with injury to that person's person, reputation or property, or to the person or reputation of someone in whom that person is interested, and does so with intent to cause that person to give false evidence. The offence turns on both the threatening conduct and the specific intention behind it.

The expression giving false evidence is separately defined by BNS Section 227 (earlier IPC Section 191). In broad terms, it concerns knowingly making a false statement while legally bound by oath or an express provision of law to state the truth, or bound by law to make a declaration on a subject.

2. Essential ingredients of the offence

  1. A threat: A threat of injury to a person's body, reputation or property, or to the body or reputation of someone in whom that person is interested.
  2. Intention: The threat must be intended to cause the threatened person to give false evidence.
  3. Connection to evidence: The threatened false statement must be understood in the statutory sense of giving false evidence; not every argument, demand to settle or attempt to persuade is automatically covered.
  4. Proof: The prosecution must prove the relevant threat and intention according to applicable criminal standards.

Threats may be spoken, written or communicated electronically. Messages, call records, contemporaneous complaints and other admissible material can be relevant. Whether a particular communication satisfies the statutory ingredients depends on its content and surrounding facts.

3. Punishment under BNS Section 232

ProvisionWhen it appliesPunishment
BNS 232(1)Specified threat made with intent to cause false evidenceImprisonment of either description up to seven years, or fine, or both
BNS 232(2)Innocent person convicted and sentenced to death or imprisonment for more than seven years in consequence of the false evidence referred to in subsection (1)The person making the threat is liable to the same punishment and sentence, in the same manner and to the same extent as the innocent person

Important: The enhanced punishment is not triggered merely because a threat was made. Section 232(2) requires the specified resulting conviction and sentence of an innocent person and the statutory causal connection.

4. Practical illustrations

Threat to a witness's family

A threatens to injure the family member of a witness unless the witness falsely identifies an innocent person in court. If the statutory intent and other elements are proved, the conduct may fall within Section 232(1).

Threat to reputation

A threatens to damage a witness's reputation unless the witness knowingly makes a false statement on oath. The provision expressly covers threats of injury to reputation, where the intention to procure false evidence is established.

Demand to withdraw a complaint

A dispute about withdrawal of a complaint is not, without more, necessarily a threat intended to procure false evidence. The particular words, intention and connection to legally cognisable evidence must be assessed. Other criminal provisions may be relevant to independently unlawful threats.

5. Police complaint, court procedure and witness protection

BNSS Section 216 addresses the procedure for witnesses in cases of threatening, etc. It allows a witness or another person to file a complaint concerning an offence under BNS Section 232. This provision should be read together with the other applicable BNSS rules; the precise route depends on the facts.

The BNSS First Schedule classifies the offence under Section 232 as cognizable and non-bailable. Cognizable means the police have statutory powers to investigate subject to the law; non-bailable does not mean bail is impossible, but that it is not available as an automatic right.

A person receiving such threats should preserve messages and recordings lawfully available to them, document the dates and details, and promptly approach the police, the court dealing with the underlying proceeding or competent legal assistance. Where justified, a witness may also seek appropriate protective measures under the applicable witness-protection framework.

Section 232 targets the person making the threat. Sections 227 to 231 and 233 address different acts concerning false evidence. More than one provision may be relevant on particular facts, but each charge requires its own legal ingredients.

7. Frequently asked questions

What is the new BNS section for IPC Section 195A?

BNS Section 232 corresponds to IPC Section 195A and addresses threatening a person with the intent to cause that person to give false evidence.

What is the punishment under BNS Section 232(1)?

Imprisonment of either description for up to seven years, or fine, or both.

Does the threat need to result in false testimony?

Section 232(1) focuses on making the specified threat with intent to cause false evidence. Actual false testimony is not stated as an element of the basic offence.

What happens if an innocent person receives a severe sentence?

Under BNS Section 232(2), if the statutory causal conditions are met and an innocent person is convicted and sentenced to death or imprisonment for more than seven years, the person who threatened is liable to the same punishment and sentence.

How can a threatened witness report intimidation?

Preserve evidence of the threats and report the matter to police or the competent court. BNSS Section 216 expressly provides for a complaint by a witness or other person in relation to threats covered by BNS Section 232.

8. Official legal sources

Disclaimer: This article provides general legal information. The applicable law, transitional provisions, procedural requirements and facts of an individual matter should be verified before acting.