BNS Section 232: Threatening To Give False Evidence

Section 232 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 232 specifically deals with making threats towards falsifying evidence. Let us take a closer look at its provisions.

Definition of BNS Section 232

Section 232 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(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.

Explanation and Illustration of Section 232

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of threatening someone to give false evidence. Let us break down the section to get a better understanding of it.

Offence
This section states that if any person threatens another person so that they may present false evidence in a court proceeding, then it shall be considered an offence. It has outlined threats of four kinds specifically:

Threat to person: Referring to the threat of physical or deadly harm

Threat to reputation: Referring to the threat of ruining or distorting the public reputation of the person by spreading rumours or private, intimate details of the person.

Threat to property: Referring to threat of damaging any property owned or in possession of the person

Threat to person of interest: Referring to threatening family, friends, well wishers, dear ones or any other person deemed important by that person. Threat to person of interest is also in the form of threat to person, reputation or property of the person of interest.

“False evidence” has been defined in very specific detail in section 227 for the purposes of Chapter XIII.

A false circumstance created through deliberate action with the intent of presenting as evidence in court.

When any threats are made to a person with the intention of coercing or forcing them to present false evidence in a case as defined above, then he or she shall be considered an offender under the provisions of Section 232.

Punishment
The punishment for threatening a person with intent to cause that person to give false evidence has been divided into two categories based on severity of the situation:

If a person is caught threatening a person with the intent of causing that person to give false evidence, he or she shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

If the threat leads to falsification of evidence, which in turn leads to the conviction of an innocent person, and if the false conviction leads to capital punishment or life imprisonment or a prison sentence for a term greater than seven years, the person found guilty of making the threats that led to the false conviction shall be given the same sentence that the innocent person was likely to receive or has received as a consequence of the fabricated evidence arising from the threat.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in BNS Section 232

This section deals with: Threatening to give false evidence.

Description of offence:

Any person who threatens anyone to give false evidence as a witness or party in any legal proceeding or investigation shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Further, if the false evidence leads to capital punishment, life imprisonment or any prison term exceeding seven years, then the person who made the threat shall be punished with the same prison sentence as the one falsely awarded to the innocent person.

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 232 of BNS and its Equivalent IPC Section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 232 of BNS replaces IPC Section 195A. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
232	Threatening any person to give false evidence.	195A	The original section has been split into two subsections for better clarity. No change in provision for offence.

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FAQs about Section 232 of the Bharatiya Nyaya Sanhita (BNS)

What is the punishment for threatening someone to give false evidence?

Any person found guilty under this section shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

What happens if an innocent person is convicted due to false evidence caused by threats?

If the false evidence leads to capital punishment, life imprisonment or any prison term exceeding seven years, then the person who made the threat shall be punished with the same prison sentence as the one falsely awarded to the innocent person.

What are the penalties under Section 232 for threatening someone to give false evidence?

Any person found guilty under this section shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Further, if the false evidence leads to capital punishment, life imprisonment or any prison term exceeding seven years, then the person who made the threat shall be punished with the same prison sentence as the one falsely awarded to the innocent person.

What steps should authorities take when receiving complaints under Section 232?

The authorities must immediately investigate the evidence being brought under question and if found to be false, then the person responsible for the false evidence must be charged and prosecuted.

Can Section 232 apply to threats linked to human rights investigations?

Yes. Section 232 applies to all kinds of legal cases irrespective of the nature of the case. If a threat has been made to provide false evidence in a legal matter, it shall be covered under this section.