Section 195A IPC - Threatening a Person to Give False Evidence
Section 195A of the Indian Penal Code, 1860 punished threatening another person with injury to person, reputation or property, or threatening injury to the person or reputation of someone in whom that person is interested, when the threat is made with intent to cause that person to give false evidence.
Section 195A IPC - Statutory Provision
Threatening any person to give false evidence.
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;
and if innocent person is convicted and sentenced in consequence of such false evidence, 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.
Essential Ingredients of Section 195A IPC
- A threat: there must be a threat of injury of the kind specified by the section.
- Threat to person, reputation or property: the threat may concern injury to the threatened person's person, reputation or property.
- Threat concerning an interested person: the provision also covers threatened injury to the person or reputation of anyone in whom the threatened person is interested.
- Specific intention: the threat must be made with intent to cause the person to give false evidence.
What Types of Threat Are Covered?
| Subject of threatened injury | Coverage under Section 195A |
|---|---|
| The threatened person | Injury to person, reputation or property |
| A person in whom the threatened person is interested | Injury to that person's person or reputation |
The wording is important: while the threatened person's property is expressly covered, the corresponding clause concerning another person in whom the victim is interested expressly refers to that other person's person or reputation.
Punishment Under Section 195A IPC
| Situation | Punishment |
|---|---|
| Threatening another with the specified injury with intent to cause that person to give false evidence | Imprisonment of either description up to 7 years, or fine, or both |
| An innocent person is convicted and sentenced, in consequence of such false evidence, with death or imprisonment for more than 7 years | The person who threatens is punishable with the same punishment and sentence, in the same manner and to the same extent as the innocent person is punished and sentenced |
Meaning of False Evidence
Section 191 IPC defined giving false evidence. Section 195A does not merely punish an ordinary threat; its statutory focus is a threat made with the specific intent to cause another person to give false evidence.
Section 195A and Related False-Evidence Offences
Section 194 IPC dealt with giving or fabricating false evidence to procure conviction of a capital offence. Section 195 IPC addressed false evidence intended to procure conviction of specified serious offences. Section 195A instead targets the person who uses threats with the required intention to cause another person to give false evidence.
Complaint by Person Threatened - Section 195A CrPC
Under the pre-BNSS Code of Criminal Procedure, 1973, Section 195A CrPC provided that a witness or any other person could file a complaint in relation to an offence under Section 195A IPC. This procedural provision should not be confused with Section 195A IPC itself, which defines and punishes the substantive offence of threatening a person to give false evidence.
Insertion of Section 195A IPC
Section 195A IPC was inserted by Act 2 of 2006, Section 2, with effect from 16 April 2006. The provision therefore did not form part of the original 1860 enactment.
Pre-BNS Legal Position
Section 195A formed part of Chapter XI of the IPC concerning false evidence and offences against public justice. This article describes the IPC and CrPC framework before commencement of the Bharatiya Nyaya Sanhita, 2023. Where conduct or proceedings span the transition to the new criminal laws, the applicable repeal, saving and transitional provisions should be considered separately.
Legal information: This article provides general statutory information and does not substitute for legal advice concerning witness intimidation, evidence or a particular criminal proceeding.