Code: Section 232 BNS
(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 of Section 232 BNS
Section 232 of the Bharatiya Nyaya Sanhita (BNS) deals with threatening a person to provide false evidence. This provision ensures that individuals are not coerced into lying in court or fabricating evidence under intimidation.
Key Provisions:
- Threatening Someone to Give False Evidence:
- If a person threatens another with harm to their person, reputation, or property, or to someone close to them, to force them to give false evidence, they can face up to seven years of imprisonment, a fine, or both.
- Severe Punishment if an Innocent Person is Convicted:
- If an innocent person is wrongfully convicted and sentenced to death or imprisonment for more than seven years due to false evidence given under threat, the person who issued the threat will receive the same punishment.
- Purpose of This Law:
- This law protects the integrity of the judicial process by ensuring that witnesses are not pressured into giving false testimony.
- Related Sections:
- Section 231 BNS – Punishment for false evidence leading to life imprisonment.
- Section 233 BNS – Failing to report an offense despite being legally obligated to do so.
Illustration
Example 1: Threatening a Witness in a Murder Trial
X threatens Y, a witness, saying, “If you don’t testify that Z killed the victim, I will burn down your shop.” Due to fear, Y falsely testifies, leading to Z’s wrongful conviction. X is liable under Section 232 BNS and can be imprisoned for up to seven years.
Example 2: False Testimony Leading to a Death Sentence
A forces B to give false evidence, which results in C being sentenced to death. Since C is wrongfully convicted and executed, A will also face the death penalty or the same punishment as C.
Common Questions and Answers on Section 232 BNS
1. What is the punishment for threatening someone to give false evidence?
- The offender can be punished with up to seven years of imprisonment, a fine, or both.
2. What happens if the false evidence leads to a wrongful conviction?
- If the innocent person is sentenced to death or more than seven years in prison, the person who made the threat will face the same punishment.
3. Does this law apply to threats made outside the court?
- Yes, even if the threats are made outside the courtroom, they are still punishable under Section 232 BNS.
4. Can the accused escape punishment if the victim does not testify?
- No, intimidation itself is a punishable offense under this section, regardless of whether false testimony is actually given.
5. Is this law applicable to all types of cases?
- Yes, Section 232 BNS applies to all cases where a person is threatened to provide false evidence, whether civil or criminal.
Conclusion
Section 232 BNS serves as a strong deterrent against the coercion of witnesses and ensures the credibility of judicial proceedings. It upholds the principle that justice should be based on truth, not threats or intimidation.
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